• Dealing with Taxes During Estate Planning

    Taxes During Estate Planning Estate planning allows you to make decisions in advance regarding the distribution or handling of your estate in the event of your death. Because estate administration can be complex and your property or financial assets may be subject to an estate tax that affects your beneficiaries, it is beneficial to work with an attorney in Livermore during the estate planning process. Your lawyer’s knowledge of inheritance laws and taxes will ensure that the greatest possible percentage of your assets is passed on to your chosen recipients.

    Understanding the Applicable Taxes

    Certain taxes may apply to your estate when it is transferred. The estate tax is a federal tax imposed on your ability to transfer wealth to your chosen recipients. This tax applies to all your belongings and assets at the time of your death and is paid from your estate before the remainder is distributed per your estate planning documentation. Alternatively, the inheritance tax affects a beneficiary’s right to receive wealth. Inheritance tax is only imposed by certain states, and several exemptions are possible to minimize or eliminate the need to pay this tax.

    How Estate Tax Works

    The estate tax is calculated based on the number of assets you own that is greater than a maximum exemption amount, which is set by Congress and may be subject to change. The net value of your estate is calculated by summing your assets, including your home, your bank accounts, your personal property, and your investments, then subtracting any debts. If the value of your estate is greater than the exemption amount, the remainder will be subject to estate tax.

    Reducing Estate Tax

    Your attorney can help you with estate administration to minimize or even eliminate the amount of estate tax owed at the time of your death. There are several ways to reduce estate taxes, including filing for spousal estate tax exemption, removing assets from your estate via spending, donation, or property transfer before your death, and setting up a life insurance trust. Your lawyer will assess your estate and your desires to help you determine the best way to avoid estate taxation.

  • Working with a Trust Administration Attorney

    Administer A Trust Have you been chosen to administer a trust near Tracy and Manteca? If so, you need an attorney who is experienced in estate planning.

    Being appointed to administer a trust may seem daunting, and there are many tasks you will need to perform. It is your responsibility to work with a lawyer to ensure your loved one’s last wishes are exactly fulfilled. Remember, estate administration is a legal matter, and estate law can be complex in this area. Administering an estate after a loved one’s death requires the assistance of an estate planning attorney. Your lawyer can provide as much or as little guidance as you need to make sure you fulfill your duties. For example, many people have little or no experience with trust administration. If the deceased’s assets are complex, or if you have personality issues with the noted beneficiaries, you may need additional help. An attorney can play a neutral role. Most importantly, your lawyer will make sure that you do not make a mistake and cannot be held liable during the trust administration process.

  • Potentially Damaging Myths About Estate Planning

    If you are estate planning near Livermore and Tracy , you may feel overwhelmed by the process. However, estate planning is essential to mapping out your financial future. With the right lawyer to explain the intricacies of estate law, the process is much simpler and more efficient. Because so much confusion surrounds the concept of estate planning, it is important to dispel some commonly held misconceptions. Read on to learn why some myths you may believe about estate planning are just not true.

    Estate Planning Is Only for the Wealthy

    Estate planning is important for any individual who wants to have their final financial wishes respected. The myth that estate planning is only for the rich likely comes from the idea that some attorneys focus on the estate tax, which only comes into play when your assets surpass $5 million. But estate planning is about much more than avoiding this tax. Estate administration involves making sure your health care wishes are carried out and your children are taken care of.

    I Am Too Young for Estate Planning

    Lawyers advise even young clients to begin the estate planning process as soon as possible. Unfortunately, accidents and early deaths do happen. While you might not want to consider the possibility now, meeting with attorneys to create a plan for estate administration is the only way to truly know that your last wishes will be respected.

    If I Die Without a Will, the State Will Get My Assets

    As your attorneys will advise you, a will is essential for ensuring that your money is distributed according to your wishes. If you pass away without creating a will, your state’s laws of intestacy will apply to determine how your assets are allocated. However, your money will not be donated to the state. If you want to make sure your financial resources go to certain people, especially if you have children or close relatives, you need to hire a will lawyer.

  • Settling Car Insurance Claims

    If you are hurt in a car accident , you should consult with a personal injury lawyer near Tracy or Livermore. Your lawyer will make sure you are properly compensated, whether through a settlement or in trial.

    Only a personal injury lawyer knows the value of a claim, which is why you should never attempt to settle with a car insurance company on your own. If you attempt to settle without consulting lawyers, you could end up accepting far too low of an amount. An injury lawyer can evaluate your case to determine how much money you may be entitled to—and what is fair to ask of a car insurance company. If you are hurt and desperate, you need an attorney to fight for your rights.

  • Which Trust is Right for You? Comparing Trust Options

    Estate Plan Estate law in Tracy and Manteca is complex, and only an attorney with experience handling wills and trusts can make sure your finances are protected. Along with a will, a trust is the most important part of an estate plan. In general, a trust is a legal document that you can use to direct how your personal assets will be managed during your life and distributed after your death. Read on to learn more about different kinds of trusts, including revocable trusts, irrevocable trusts, and credit shelter trusts.

    Revocable Trusts

    In estate planning, a revocable trust is an entity into which you and your lawyer will transfer your assets while you are still alive. Assets that can be transferred include your home, other real estate, automobiles, stocks, bonds, and securities. A revocable trust has at least two phases: a period that covers the time during which you are alive, and a period that covers the time after your death. With this kind of trust, some assets will be distributed while you are still alive, which is why lawyers also refer to it as a living trust. The grantor may change the terms of the trust or take property back at any time.

    Irrevocable Trusts

    Unlike a revocable trust, an irrevocable trust is a trust with terms and provisions that cannot be changed by the grantor. A lawyer may suggest you opt for an irrevocable trust because it allows you to minimize estate tax, protect your assets from creditors, and provide for family members who are minors or have special needs. To create an irrevocable trust, you will need to name a trustee who holds and distributes property according to the terms of the agreement.

    Credit Shelter Trusts

    Lawyers also refer to credit shelter trusts as a bypass trust or a family trust. With this kind of arrangement, you write a will bequeathing an amount to the trust up to but not exceeding the estate tax exemption. After that, the rest of your estate is bequeathed to your spouse tax-free.

  • What Happens During a Case Assessment?

    Personal Injury Lawyer in Tracy, CA If you have sustained injuries as a result of someone else’s negligent or reckless actions, you can schedule a case assessment with a personal injury lawyer to discuss your legal rights and options. During this initial consultation, the accident attorney serving Tracy and Manteca will evaluate the circumstances of your injuries. You can expect to answer questions such as how you sustained the injury, where you were at the time, whether there were any witnesses, and whether a police report or other incident report was filed. Your attorney will also ask you some questions about the extent and severity of your injuries, and whether they have led to other losses such as lost wages and medical expenses.

    Then, personal injury lawyers will discuss the merits of your case and explain the likelihood of obtaining compensation. Depending on whether or not you could have a claim, your lawyer may ask you to sign some medical release forms and to disclose your insurance information. Before your consultation has concluded, you’ll have the opportunity to ask the injury lawyer any questions you may have.

  • Tips for Talking to Your Adult Children About Your Estate

    Estate Planning with Child There are many aspects to estate planning near Tracy and Livermore. A lawyer can help you by preparing your last will and testament, drafting your advance healthcare directive, and finalizing other important documents. However, it’s important not to overlook another key aspect of estate planning : Discussing your decisions with your adult children. Some parents prefer to discuss estate planning with each adult child separately, while others prefer to disclose this information during a family meeting.

    Decide Which Information to Share

    Meet with your lawyers to finalize the details before broaching this topic with your children. Decide ahead of time whether you will share specific information, such as the amount your children might expect to inherit. If so, it’s typically best to underestimate this amount, just in case your living expenses are greater than you plan for. Or, you might only wish to tell your adult children that they will have an inheritance without specifying a dollar amount. This is a decision left to your discretion; however, keep in mind that if you have established trusts for your children, it may be wise to explain the basic structure of the trust.

    Discuss Family Heirlooms

    If you have jewelry or other family heirlooms to pass down, you have the right to decide who will receive which item. However, you may wish to bring up this issue with your adult children to prevent any future disagreements. You can always have your estate planning attorney amend your will to reflect your children’s preferences. For example, one child might prefer to receive antique furniture, while the other may be more interested in family historical records.

    Explain Practical Considerations

    Even if you prefer not to tell your adult children exactly what they can expect to inherit, it is a good idea to let them know that you have made a will. Let them know where they can find your important documents in the event of your death, who will administer your estate, and what steps they must take in the aftermath of your passing. Consider writing a list of people they can contact, such as your estate planning lawyer and financial advisor.

  • Settling Car Insurance Claims with Bakerink, McCusker & Belden

    If you are hurt in a car accident , you should consult with a personal injury lawyer near Tracy or Livermore. Your lawyer will make sure you are properly compensated, whether through a settlement or in trial.

    Only a personal injury lawyer knows the value of a claim, which is why you should never attempt to settle with a car insurance company on your own. If you attempt to settle without consulting lawyers, you could end up accepting far too low of an amount. An injury lawyer can evaluate your case to determine how much money you may be entitled to—and what is fair to ask of a car insurance company. If you are hurt and desperate, you need an attorney to fight for your rights.

  • Wrongful Death Law in the News: The Paul Walker Case

    If a loved one has died in an accident, you have the right to consult a personal injury lawyer near Tracy and Livermore to discuss whether you have the basis to file a wrongful death lawsuit . Meadow Rain Walker, the daughter of the late actor Paul Walker, did just that following the 2013 crash that claimed her father’s life. The young woman’s personal injury lawyer is demanding compensation on her behalf from the defendant automaker, Porsche. In her complaint, her attorneys have alleged that had it not been for certain design defects, Paul Walker may have survived the crash.

    You can watch this video to learn more about this wrongful death lawsuit or consult an accident attorney to discuss filing your own lawsuit. This news clip explains that Meadow Walker’s lawyer alleges the model of Porsche that Paul’s friend had been driving trapped Paul in the passenger seat. Otherwise, Paul may have been able to escape the car, which quickly became engulfed in flames.

  • Could You Benefit from a Living Trust?

    Benefit from a Living Trust You may already know that every adult should explore the basics of estate planning with an estate attorney near Tracy and Manteca. Although a last will and testament is often the first document that comes to mind when one is thinking about estate planning, a revocable living trust could be just as important. A living trust is a legal document that establishes control of any assets placed into the trust. For many people, setting up a living trust makes good sense for financial and practical purposes. Consider talking to a living trust attorney to find out if this arrangement could be right for you.

    Would You Like to Retain Control of Your Assets?

    A living trust may be appropriate for you if you’re looking for a way to plan for the future while currently maintaining control over your assets. When your attorneys establish a living trust, you are named the trustee. In other words, you aren’t forfeiting control of your assets just yet. In the event that you pass away or are declared incapacitated, control of the trust is transferred to the trustee whom you have designated.

    Is Privacy Important to You?

    When a decedent’s estate goes through probate, his or her financial affairs become a matter of public record. If you value your privacy, you can speak with an estate planning lawyer about creating a living trust, which will never become a publicly accessible record. This is an attribute of living trusts that may be particularly attractive to individuals with substantial wealth and those who are known to the public, such as elected officials.

    Could Your Heirs Benefit from Avoiding Probate?

    Many people consult a lawyer about establishing a living trust because they want their heirs to avoid the probate process upon their death. Probate can take months to finalize and in the meantime, heirs may need financial assets to take care of funeral costs and other expenses. When your successor trustee assumes control of the living trust upon your passing, he or she can distribute assets in a matter of weeks.