Common Estate Planning Mistakes and How to Avoid Them

No one wants to think about what things will be like when they’re gone but making end-of-life decisions while you’re still young and healthy is crucial. If you’re in the early estate planning stages, learn about the most common mistakes people make and how to avoid them.

Failing to Create a Will

Without a will, the State of California decides how your assets are distributed. This means your possessions might not end up with the people you intended. Even worse, the process can be drawn out and stressful for your family.

The solution is to draft a will, one of the foundational documents of estate planning. A will specifies how your property should be divided, who will care for your minor children, and what you want at your funeral. Working with an estate planning attorney ensures your will is legally sound and accurately reflects your wishes.

Not Naming Contingent Beneficiaries

Most people name primary beneficiaries for their retirement accounts, life insurance policies, and other assets. But what happens if your primary beneficiary passes away before you do, and you forget to update your estate plan? Without a contingent beneficiary, those assets might go into probate.

This is why you should always name a contingent beneficiary. It could be a family member, a friend, or a charity. Whatever the case, having a backup ensures your assets avoid probate and go to the person or organization you choose.

Choosing the Wrong Executor or Trustee

An executor or trustee is responsible for carrying out your estate plan. If this person is unreliable, disorganized, or lacks the necessary skills, it may lead to mismanagement, family conflicts, and delays.

The solution is to select someone you trust to handle the role responsibly. This person should be detail-oriented, impartial, and prepared to act in your estate’s best interest. Speak with the person you’re considering to ensure they’re willing and able to take on the responsibility. If you’re unsure who to choose, you can always appoint a bank or a trust company to serve as executor or trustee.

Not Setting Up a Power of Attorney

Life is unpredictable. If you become incapacitated without a power of attorney in place, decisions about your health, finances, and other matters might be left to someone the courts appoint—not necessarily someone you’d choose.

To avoid this, establish durable powers of attorney for healthcare and finances. These legal documents give a trusted individual the authority to make decisions on your behalf if you’re unable to do so. Consider naming a backup agent if your first choice is unavailable.

Overlooking Digital Assets

Think about all your online accounts: email, social media, banking, and more. If you don’t include digital assets in your estate plan, your loved ones might struggle to access or manage them.

The solution is to compile a list of your digital assets, including login credentials and management preferences. Work with an estate planning lawyer to incorporate these details into your plan.

Not Updating Your Estate Plan

Major life events should be reflected in your estate plan. If you fail to update it as your circumstances change, your plan may not reflect your current wishes when you pass away.

The solution is to make changes every time you or someone in your will gets married or divorced, acquires significant assets, passes away, or has a baby. Even if there haven’t been any big life changes, it’s wise to review your plan every three to five years with an estate planning attorney.

Ignoring Tax Implications

Estate taxes can eat away at the assets you’ve worked so hard to build. Poor planning may cause your beneficiaries to inherit less than you’d hoped.

Estate planning services help minimize tax burdens. Strategies might include setting up trusts, gifting assets during your lifetime, or donating to charity. An estate planning law firm can guide you through the best options for your circumstances.

Not Communicating Your Plan

Most children aren’t excited to hear about their parents’ estate plans. However, skipping these important conversations can lead to confusion, avoidable expenses, and undue stress for your loved ones.

Discuss your estate plan with your executor, trustees, and beneficiaries. Explain your decisions to avoid surprises and reduce conflicts. You don’t need to disclose every detail—just share enough to ensure your wishes are understood and respected.

Contact Us for a Consultation

At Bakerink, McCusker & Belden, we know estate planning can feel overwhelming. Fortunately, you don’t have to go it alone. Our estate planning law firm is here to guide you, drawing on over 35 years of experience and a reputation as one of the “Best of Tracy,” as published in the Tracy Press. Contact us today for a free, no-obligation consultation in the San Joaquin County area, and we’ll help you take the first steps toward a solid estate plan.

Wrongful Death from Slip-and-Fall Incidents: Proving Negligence in California

Slip-and-fall accidents can be devastating, especially when they result in the tragic loss of a loved one. These incidents often occur in places like grocery stores, office buildings, or private residences due to hazardous conditions. When negligence is a factor, families may have the right to pursue a wrongful death claim to seek justice and compensation.

If you’ve found yourself grappling with the aftermath of such a tragedy, seeking to understand wrongful death claims and the legal steps involved in proving negligence in California is the best place to start.

Understanding Wrongful Death and Slip-and-Fall Incidents

What Is Wrongful Death?

Wrongful death occurs when a person loses their life as a result of someone else’s negligence, recklessness, or intentional act. Under California law, family members or representatives of the deceased can file a lawsuit to seek compensation for both economic and emotional losses.

Types of Slip-and-Fall Incidents

Slip-and-fall incidents can result from a variety of hazardous conditions, such as:

• Wet or slippery floors without warning signs.
• Poorly maintained staircases or handrails.
• Uneven surfaces or loose carpeting.
• Insufficient lighting in walkways.

These avoidable dangers can cause fatal injuries, such as traumatic brain injuries, spinal cord damage, or internal bleeding, when property owners fail to address them promptly.

Challenges in Proving Negligence in Slip-and-Fall Wrongful Death Cases

Proving negligence in wrongful death cases is a complex process that requires gathering strong evidence and satisfying legal standards. To succeed, you must demonstrate that the following four elements existed:

1. Duty of Care: Property owners have a legal obligation to keep their premises reasonably safe for visitors. This duty includes repairing hazards, maintaining cleanliness, and providing warnings for any known dangers.
2. Breach of Duty: You must show that the property owner failed to fulfill their duty. This may involve proving they neglected to repair a hazard or failed to inform visitors of potential risks.
3. Causation: Establishing causation can be challenging. You’ll need to demonstrate that the property owner’s negligence directly caused the slip-and-fall accident, which led to the victim’s death. Defense teams often argue that external factors contributed to the incident.
4. Damages: The final element requires showing that the incident caused quantifiable damages. These can include emotional distress, medical expenses, and loss of financial support, among others.

The help of an experienced wrongful death attorney can make a substantial difference in navigating these challenges effectively.

What Compensation Can Families Expect?

While no settlement can replace the loss of a loved one, pursuing compensation can alleviate some financial burdens and bring accountability to the responsible party.

Common Types of Compensation in Wrongful Death Claims:

Economic Damages

These damages are meant to cover the financial losses directly associated with the death. They typically include costs such as funeral and burial expenses, outstanding medical bills incurred before the person passed away, and the loss of income or financial support that the deceased would have provided to their family. For example, if the deceased was the primary breadwinner, this compensation helps the surviving family maintain financial stability.

Non-Economic Damages

Non-economic damages address the emotional and intangible losses experienced by surviving family members. This includes compensation for the loss of companionship, affection, guidance, and emotional support that the deceased provided. Additionally, it may cover the mental anguish and emotional suffering endured by the loved ones, recognizing the profound impact such a loss can have on their well-being and quality of life.

Punitive Damages

Punitive damages are not always awarded but may be granted in cases where the actions of the responsible party are found to be especially reckless, grossly negligent, or malicious. These damages are intended to punish wrongful conduct and deter similar behavior in the future. For instance, if a property owner’s willful neglect directly led to the death, the court may award punitive damages as a warning to others.

Each wrongful death case is unique, with compensation determined by the specific circumstances surrounding the incident. Factors like the deceased’s age, earning potential, and the nature of the relationship with the survivors may influence the final award. Families are encouraged to work closely with legal professionals to obtain the compensation they deserve.

Contact Us for a Consultation

Taking legal action after a loved one’s death is a necessary step toward securing accountability and financial relief for your family. When negligence causes such a grievous loss, you deserve compassionate, experienced support to make sense of your legal options.

If you’re dealing with the wrongful death of a loved one due to a slip-and-fall accident, you don’t need to face this legal battle alone. At Bakerink, McCusker & Belden Law, our team has served the Tracy, CA community for over 35 years, offering compassionate and professional legal representation.

Contact us today for a free consultation at Bakerink, McCusker & Belden Law or call (209-835-9592). Our trusted wrongful death law firm will help you seek justice for your loved one.

How a Bus Accident Lawyer Can Help You Navigate Complex Claims

Being involved in a bus accident can be a life-altering experience, leaving you or your loved ones with severe physical, emotional, and financial burdens. Whether the accident involves a public transit bus, school bus, or private charter, the legal claims process can be confusing and intense. Enlisting the help of an experienced bus accident lawyer can make all the difference in helping you secure the compensation you deserve.

Types of Bus Accidents

Bus accidents are not one-size-fits-all; they can involve multiple vehicle types and unique circumstances. Here are the most common types of bus accidents you might encounter:

1. Public Transit Buses

These accidents often involve city-operated buses. Victims can include passengers, pedestrians, or drivers of other vehicles, complicating liability and legal claims.

2. School Buses

Accidents involving school buses can be particularly devastating as they often involve children. Liability could extend to the driver, the school district, or even third-party contractors handling maintenance.

3. Private Charter Buses

Charter buses used for tours, field trips, or special events may be run by private companies. These cases can involve additional complexities due to private ownership and insurance policies.

How a Bus Accident Lawyer Can Help

Navigating the aftermath of a bus accident can feel like an uphill battle. Here’s how an experienced bus accident lawyer can assist you:

Identify Liable Parties

Bus accidents often involve multiple parties, which can complicate the process of seeking compensation. These parties may include the bus driver, the bus company, third-party contractors, municipalities responsible for road maintenance, or even the vehicle manufacturers in case of defective parts. A bus accident attorney will conduct a detailed investigation to uncover who is responsible, so no liable party is overlooked and maximizing your chances of receiving full compensation.

Collect and Analyze Evidence

Building a strong case requires gathering and reviewing all the necessary evidence. Lawyers will obtain accident reports, surveillance footage, and photographs from the scene. They also speak to witnesses to secure statements that strengthen your case and work closely with medical experts to document the extent of your injuries. By analyzing this evidence thoroughly, they can create a compelling argument to support your claims for damages, covering medical bills, lost wages, and even pain and suffering.

Negotiate with Insurance Companies

Insurance companies often aim to settle for the lowest amount possible, using various tactics to devalue or deny claims. A bus accident attorney acts as your advocate, handling all communications with the insurance providers. They will ensure that you are fairly represented and work tirelessly to secure a settlement that reflects the true extent of your damages, including future medical care and other long-term impacts.

Litigate the Case When Necessary

If negotiations with insurance companies fail to result in a fair settlement, your lawyer will not hesitate to take the case to court. They will represent you effectively, presenting all the evidence and making a strong argument on your behalf. Their goal is to get you the compensation you deserve, whether that requires a settlement agreement or a favorable court verdict. Having an experienced attorney by your side provides peace of mind throughout this often-complex legal process.

Types of Compensation You Can Recover

A successful bus accident lawsuit can yield various forms of compensation, depending on the extent of your losses. These can include:

1. Economic Damages

These are tangible financial losses such as:

• Medical expenses (past and future)
• Lost wages or reduced earning capacity
• Property damage

2. Non-Economic Damages

Intangible losses can include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment in life

3. Punitive Damages

If the accident resulted from gross negligence or malicious actions, courts might award punitive damages to penalize the liable party and deter future misconduct.

Why Choose Bakerink, McCusker & Belden Law in Tracy, CA

For over 35 years, Bakerink, McCusker & Belden Law has been a trusted name in Tracy and the San Joaquin County area. Our commitment to delivering exceptional legal services has earned us accolades, including being consistently rated among the “Best of Tracy” by the Tracy Press and achieving a BV Distinguished® Rating from Martindale-Hubbell®.

What sets us apart:

• We bring unparalleled experience to personal injury law, particularly in bus accidents and complex liability cases.
• We help clients feel supported by providing clear, meticulous guidance through every step of the claims process.
• Our team prioritizes your financial recovery while delivering compassionate, personalized service every step of the way.

Get the Compensation You Deserve

Bus accidents often involve legal complexities beyond most personal injury cases. Whether you’ve been injured or are recovering financial losses, an experienced bus accident lawyer can simplify the claims process, advocate for your compensation, and help you move forward.

At Bakerink, McCusker & Belden Law, our team is ready to stand by your side. Contact us today through our FREE consultation form or visit our Auto Accident Injury page to learn more. Don’t wait—your path to recovery begins here.

How a Pedestrian Accident Lawyer Can Help You Recover Compensation in Tracy, CA

Suffering from a pedestrian accident can be life-altering. Medical bills, lost wages, and emotional distress often add to the hefty task of seeking justice and compensation. With the complexities tied to accident claims, hiring a pedestrian accident lawyer can be the difference between getting the compensation you deserve and settling for less. A skilled pedestrian accident lawyer plays an invaluable role in your recovery process.

What Does a Pedestrian Accident Lawyer Do?

A pedestrian accident attorney is a legal advocate trained to handle cases involving pedestrian injuries caused by negligent parties. Their primary role is to represent you, make sure your rights are protected, and fight for fair compensation for your losses—whether it’s medical expenses, pain, or missed workdays.

Given their expertise in relevant state laws, these attorneys help victims understand their legal options, simplifying even the most complex pedestrian accident claims.

How a Lawyer Strengthens Your Case

A skilled pedestrian accident lawyer brings resources, knowledge, and experience to build a strong foundation for your case or pedestrian accident lawsuit. Here are the main ways they help:

1. Investigation and Evidence Gathering

Pedestrian accident claims rely heavily on solid evidence. Lawyers collect police reports, medical records, photographs, and witness testimonies to reconstruct the accident scene and establish liability.

For example, if surveillance footage exists showing how a driver failed to stop for a crosswalk, your attorney will make sure it is included as proof of negligence.

2. Expertise with Expert Testimony

Accidents often require technical insights—for instance, determining the speed of a vehicle at impact or evaluating the extent of your injuries. Pedestrian accident law firms work with a network of experts, such as medical professionals and accident reconstructionists, whose testimony strengthens your case.

3. Negotiation Skills

Insurance companies often aim to minimize payouts to protect their bottom line, which can leave you with a settlement that falls short of covering your needs. A skilled lawyer steps in to negotiate aggressively on your behalf, so your rights are protected. They analyze the full scope of your expenses, including medical bills, lost wages, and other damages, so you aren’t pressured into accepting a settlement that doesn’t fully address the financial and emotional impact of your situation.

4. Litigation and Court Representation

If your case proceeds to court, a lawyer guides you through the complex legal process. They make sure procedural requirements are met, such as filing necessary documents, adhering to deadlines, and preparing evidence to strengthen your case. Beyond the technical aspects, they construct a compelling argument detailing the facts of your situation, drawing on their knowledge of case law and courtroom strategy.

In court, your lawyer represents you passionately, presenting your case with confidence and professionalism in front of a judge and jury. Their role isn’t just about navigating legal technicalities—it’s also about protecting your interests, giving you a voice, and making sure you are treated fairly and respectfully at every step. With their support, you can approach litigation with greater clarity and confidence.

Challenges Pedestrians Face After an Accident

After an accident, challenges can begin piling up quickly. These common issues often require expert legal intervention:

1. Insurance Denials

Insurance companies can deny claims with reasons such as a lack of evidence or disputing the severity of injuries. Without legal help, navigating such denials can feel like hitting a brick wall.

2. Fault and Liability Concerns

Disputes about who caused the accident are common. Fault isn’t always straightforward, especially in cases with unclear traffic signals or where jaywalking may be alleged. A lawyer helps establish negligence and counters these defenses with key evidence.

3. Complex Insurance Claims or Lawsuits

Navigating the world of personal injury law involves dealing with multiple forms, statutes, and deadlines. Without the guidance of a lawyer, victims risk procedural missteps that can delay or jeopardize their case altogether.

A pedestrian accident lawyer ensures your claim is filed correctly and navigates every legal hurdle, so you don’t have to face it alone.

Why Choose Bakerink, McCusker & Belden?

At Bakerink, McCusker & Belden, we’ve been advocates for injured pedestrians across San Joaquin County for over 35 years. Here’s what sets us apart:

• Recognized Excellence: Consistently rated among the “Best of Tracy” by Tracy Press readers, our law firm has also earned the Martindale-Hubbell® BV Distinguished® rating for professional expertise and high ethical standards.
• Personalized Support: We understand that every case is unique—our legal team crafts strategies designed to meet your specific needs.
• Proven Expertise: With decades of experience handling personal injury and accident cases, we know what it takes to pursue the maximum compensation you’re entitled to.

You’re more than a case file to us—you’re a valued community member, and we’re committed to fighting for what you deserve.

Contact Us to Take the First Step

Your recovery starts with the right legal support. Don’t wait to get help navigating the complexities of personal injury law. At Bakerink, McCusker & Belden, we offer a free initial consultation to review your case and discuss your options.

Reach out today to schedule your consultation. You can also visit our firm overview page or fill out our inquiry form for more information.

You focus on recovery, and we’ll handle the rest.