When appointing a healthcare agent, make sure he or she is someone who will abide by your wishes.
Remember, this person has the legal right to make decisions for you, even if your family members disagree with them. When family members disagree, it makes it difficult for your healthcare agent to carry out the decisions you want.
The following are steps you can take if you foresee possible problems in the future:
· Discuss your decisions with family members early on
· Show them in writing whom you have appointed as your healthcare agent
· Explain that they are not to be involved in medical decisions
· Give your family members and your primary physician copies of all written communications regarding your healthcare – making it clear who is in charge
If the time has come for you to document your future wishes, contact an experienced Riverside Estate Planning attorney who will outline the options that will help you achieve your estate planning goals and then create the necessary documents once those goals have been determined.
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If you have decided that creating an estate plan would be in your best interests, but do not know what is included in this plan, it is time to contact an experienced Riverside Estate Planning attorney who will sit down with you and discuss what is involved.
A Will provides for those you choose as your heirs to receive your property after your death. It is important to have a financial durable power of attorney to make financial decisions for you if you are unable to do so because of illness or whatever reason. In addition, a health care power of attorney is a document that appoints an agent to make health care decisions for you if you are unable to do so. Finally, a health care directive, or living will, gives you the opportunity to direct what kind of health care you wish to receive if you are terminally ill or in a permanent coma.
Creating an estate plan can be complex and complicated. It would be wise for you to consult with a Riverside Estate Planning attorney who will help you decide what is best for you now and in the future.
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I have been asked what is included in a basic estate plan.
The most important document is the Will. It is a legal declaration by you that names the person you want to manage your estate and transfer your property and assets after your death - to the individuals you desire. Having a Health Care Directive or Living Will allows you to express what kind of health care you want or do not want if you become terminally ill.
A Power of Attorney naming an individual to handle your finances is important. This person will handle all of your financial decisions if you are unable to do so while you are still alive. A Health Care Power of Attorney is a document that appoints a person to make your health care decisions if you cannot. Naming the same person to handle both would entail only one document.
If you are considering an estate plan or want to change an existing one, contact an experienced Riverside Estate Planning attorney who will provide you and your family with the service and peace of mind you deserve.
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\\ tags: assets, attorney, benefits, death, Estate Planning, family members, Healthcare, legal declaration, power of attorney, property, Will
Estate planning is more than just a simple Will.
When you plan your estate you minimize potential taxes and fees that could be left to your heirs after you are gone.
A good estate plan coordinates what will happen to your assets, such as your home, investments, benefits, insurance, bank accounts, etc. if you become disabled or after your death. It makes sure your heirs get what you want them to. In addition, your wishes for health care treatment are also followed.
If you die without a will, your family could be left fighting over their share of your estate. Don’t make them go through that hassle – contact an experienced Riverside County Estate Planning attorney who will help you get your affairs in order.
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Joint tenancy, in estate law, is a form of real or personal property ownership by two or more people. Each person is known as a joint tenant with an equal right to keep or sell the property.
With joint tenancy comes the right of survivorship – which means that if one tenant dies, the remaining property is transferred to the survivors. This is very common among married couples or between close family members.
There are many pros to joint tenancy ownership, which includes that after one of the tenants dies, the property passes outside of probate and any creditors that the decedent had, will not be able to make claim to it.
There are cons to this type of arrangement, especially when between a business partner and not a married couple. There is no guarantee for avoiding death taxes.
Whether you have questions regarding joint tenancy or need to revise your estate plan, contact an experienced Riverside Estate Planning attorney who will work with you to meet all of your needs for today and tomorrow.
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What happens to your money and possessions after your death? Is your family responsible enough to be able to divide everything up equally or will most of your family members disagree about almost everything?
This responsibility can be complicated and emotionally draining. You can plan ahead and avoid disagreements between family members. What can you do? You can make sure you have a will that details what each beneficiary is to receive.
Everyone should have a will, regardless of how much or how little you have. Your possessions are important to you and you want to make sure they go to people you want to have them. With a will there will be no disagreements; it states exactly who will receive your money or property and how you want your heirs to receive those assets.
Without a will, the state of California will decide who gets your money and possessions. What are you waiting for? Make one now because you can always update it later on. A will is a complex legal matter and should not be taken lightly.
If you need legal advice and help making a will, contact an experienced Riverside Estate Planning attorney who can answer any questions you have and will make sure the things you love will go to the people you love.
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It is always difficult to discuss what to do when someone is about to die, especially a loved family member. However, it is very important to prepare for that person’s death before it actually happens.
No one likes to talk about finances, but it is important to discuss money matters with your loved ones – it is a concern everyone thinks about and when emotions can run wild.
If you need to have a financial talk with your family members, but do not know how to start one, contact an experienced Riverside Estate Planning attorney who will put you on the right path; who will give you advice on how to begin such a conversation. Financial matters are complex and you need the help of someone who knows what to do and can answer all of your questions regarding benefits, assets, medical care, etc.
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No one likes to think about planning a funeral, but it is something that must be done. This is something that can be done now so your family and friends don’t have to be burdened with it later. The sooner you do it, the faster you can relax about your final resting place.
Planning a funeral is the most difficult responsibility to place on anyone’s shoulders – not to mention the expense involved. Family members who are in shock after your death can end up spending more money than is really needed – money they may not be able to afford or more money than you left them.
You can ease this emotional and financial burden on your loved ones. You can plan your funeral before you die. Contact an experienced Riverside Estate Planning attorney who will understand your concerns and answer all of your questions.
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Once again I have been asked about a trust for a pet. Pets are part of one’s family and plans should be made if something happens to the pet’s owner. According to California Probate Code Section 15212, it is legal to authorize a pet trust fund.
A pet trust is created and names a trustee to take care of the pet. This should be a trusted friend or family member. The trust provides a specific amount of money to pay for the pet’s food and care after the owner dies. The trust can be included in a will or living trust.
If you have a loving pet that you consider part of your family, and you want to make sure he or she is provided for in the event of your death, contact a Riverside County Estate Planning attorney who is familiar with pet trusts. After all, your pet is always there for you now, why shouldn’t you be there for it later on?
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\\ tags: California Probate Code Section 15212, Estate Planning, family members, Family pet, friends, living trust, money, Pet trust fund, pet's owner, Will
Every so often I am asked by a client or neighbor to define what an advance directive is. It is also known as a living will, and documents your wishes regarding medical treatments due to illness or incapacity. It is a legal document, valid in California.
In order for your living will to be valid, two physicians must certify you are unable to make medical decisions for yourself; you have a terminal illness or are permanently unconscious.
In addition, a medical power of attorney allows you to appoint a person you trust to make medical decisions on your behalf. Before this power of attorney can take effect, your physician must conclude that you are unable to make your own medical decisions.
It is important to complete and sign an advance directive, making sure it complies with California law. If you have any questions regarding Advance Directives, or need help in creating one, contact an experienced Riverside County Estate Planning attorney – one who will discuss all the steps you need to know to make sure your wishes for medical care later on will be met.
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\\ tags: Advance Directives, attorney, Estate Planning, family members, living will, medical decisions, power if attorney
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