May 16

Did you read about the man who went on a shooting spree and killed his ex-wife plus several other people she worked with – leaving an 8-year old son behind?  This was all due to a custody dispute.

Now, the wife is dead and the father of this child is behind bars for killing her.  Here is a perfect example of why a Will should be drawn up early on.

There are now 3 people seeking custody of the 8-year old boy.  They include his older sister from a different marriage, his maternal step-grandfather, and the paternal grandmother (mother of the man behind bars).  The older sister has temporary guardianship.

If a Will had been drawn up early on, it could have left provisions in case the mother died or something happened to the father.  In August, a court will decide who will have permanent guardianship of the boy whose father is charged with murdering his mother and seven others.

You don’t have to be a senior to create a Will – anyone can and should do it, especially when children are involved. If you are ready to make your wishes known and make sure they are followed after your death, contact an experienced Riverside Estate Planning attorney who will answer all of your questions, and help you decide what is best for you and your family.

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May 09

Disinheriting an individual from your estate Estate planning does not come in “one size fits all.”  Every situation is different and requires different considerations.

What happens if you decide you would like to disinherit a family member from your estate? Make sure this is what you truly want because down the road you may be facing some serious ramifications.  Are you feeling this way because the person can no longer be trusted or is terrible handling money?

If there is no way to fix the situation that is causing you to want to disinherit this person, it is time to consult with an experienced Riverside Estate Planning attorney.  Your attorney will discuss the creation of a living trust so no one can contest your Will in court and receive their portion of your estate.

It is not easy to disinherit someone that may be close to you; it can be a difficult and painful decision to make.  Ensure that it is done properly by meeting with a Riverside Estate Planning attorney today.

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Mar 05

The first step in the probate process is to determine who the true beneficiaries of the estate are.

 

The probate process can be a devastating experience for anyone; the rights of some beneficiaries may be harmed by intentional acts of others.  The executor or personal representative has fiduciary duties to take care of.  Unfortunately, there are some who intentionally lie or cheat the beneficiaries.  California Probate Code imposes penalties to those who do not follow the law and improperly invest assets of the estate, take too much money as compensation, or participate in fraudulent activities. 

 

If you are concerned that your beneficiary rights are in jeopardy because of the actions of the executor of the estate, contact an experienced Riverside Estate Planning attorney who will take action to avoid potential conflict.  

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Feb 01

The initial step in the probate process is to determine who the beneficiaries of the estate are.

 

The estate may require proof of heirs from all potential beneficiaries.  Even then, you may run into problems without the proper paperwork.

 

If you believe you were excluded from a will or trust by fraudulent actions, it would be wise to contact an experienced Riverside Estate Planning attorney to discuss your options, protect your beneficiary rights and do whatever it takes to ensure that you receive the inheritance you are rightfully entitled to.  It is important to act quickly if you believe your rights to inherit are in jeopardy.

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Dec 12

Are you approaching retirement age or already there?  If so, it’s time to concentrate on your legal, financial, and healthcare needs down the road.

 

An experienced Riverside County Estate Planning attorney can help you protect your assets by discussing the merits of writing a will or trust.  He or she can create an estate plan that meets your needs and protects your interests later on.

 

Your attorney will discuss probate, which is the legal process that settles your estate according to your will.  You will discuss how and if you can avoid probate.  Elder law protects you through estate planning and protects you against abuse and exploitation.

 

If you need help transitioning to retirement, contact an experienced Riverside County Estate Planning attorney who will discuss what is best for you and your situation.

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Dec 07

If you have young children, it is important for you to designate someone to raise your children if something happens to you. Designating a guardian in your Will or Trust to take care of your children should be your first priority.

 

In your estate plan, you should name someone to manage the estate assets for your children’s benefit. This person would be known as a trustee. It is okay for one person to be the guardian and trustee, or you can name two different people if you prefer.

 

If you are considering creating a Will or Trust, contact an experienced Riverside Estate Planning attorney who will put your mind at ease that you have provided for your loved ones in case of your death.

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Aug 24

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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Nov 05

Did you know that comprehensive estate plans will provide for your pets in addition to your heirs?  With all the animal lovers out there, have you ever wondered what happens to our little four-legged friends after we’re gone?  You don’t want your buddy to end up in a shelter, do you?

The wise thing to do is consider establishing a trust for your pet’s care.  With a trust, the dog’s owner places money in it and appoints a trustee to handle it.  The trustee is responsible for using the money as directed.  This way, you will be assured that your pet will receive the quality of care you want.

Contact an experienced Estate Planning attorney who can advise you how to go about making sure your little furry friend is taken care of properly once you are gone.

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Apr 15

Have you ever noticed that most people do not want to talk about death, especially if they are young and healthy?  Of course, some older folks do not want to talk about it either.  By not discussing the inevitable, many people do not take the time to draw up legal documents pertaining to their financial affairs and their care if something happens to them.  Statistics show that only 20-30 percent of individuals have filled out these forms.

 

An experienced Estate Planning Attorney can discuss your options with you.  Examples include a living will – details your care if you become incapacitated.  A health care proxy will name a person who can make decisions for you.

 

With a living will, you will still be in charge at the end.

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Feb 08

A client recently wanted to know if she should plan her estate because she did not have many assets.  I advised that regardless of the size of one’s estate, a plan is always recommended.  An estate plan designates someone to manage your assets and your health if you are unable to do so yourself.  If you do not plan ahead, a judge will appoint the person to handle your assets and your personal care. 

 

A small estate still needs someone to receive your assets, pay your existing bills and distribute your assets.  With a large estate, your experienced Estate Planning Attorney will advise you the best way to preserve your assets for your beneficiaries.  He or she will also advise you how to reduce or postpone the estate tax which will be payable after your death.

 

Many people think that assets will go to the State of California if there is no will.  This is untrue.  Relatives will have priority ahead of the State.  Of course, these relatives may not be your choice.  I would suggest sitting down with an Estate Planning Attorney so your assets, no matter how large or small, will go to those people you choose.

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