If you’ve been thinking of consulting an estate planning attorney, you may already be considering what information to include in your will . It’s true that creating a last will and testament in Tracy or Manteca is part of estate planning; however, the estate planning process may also include the creation of a trust and the designation of a trustee. When you do create a will with the help of your lawyer, you may prefer that the will include instructions for settling any tax debts, designating a guardian for minor children, and providing for any pets, in addition to naming beneficiaries of your assets.

Your attorney may recommend that you create a trust if you would like to minimize estate and gift taxes, or avoid the probate process for all assets in the trust. Your trust could also be used to establish conditions for the distribution of your assets after your death. A third essential component of estate planning is designating a trustee to ensure your wishes are carried out after your death. Many people name loved ones as trustees, while others designate their lawyer.

An estate planning lawyer in Tracy can manage your estate during your life and properly allocate assets upon your death. This is a significant responsibility, so it is essential to find an attorney who is properly qualified with sufficient experience in estate planning. One way to assess a potential attorney’s experience is by checking if he or she is backed by a leading council agency.

In this video, an attorney explains how to find and consult with an estate planning attorney. As she explains, you should check client reviews and make sure your attorney is a good fit for your personality. You should also ask specific questions about communication to determine how transparent he or she will be in planning and managing your estate. In addition, it is a good idea to discuss initial consultation fees during your first interaction.

Regardless of how substantial or modest an estate is, estate planning is essential. By working with an estate planning lawyer in Tracy or Livermore, you can ensure that your final wishes will be carried out. It’s not uncommon for individuals to try to handle their own estate planning needs. However, this is usually not a good idea. An estate planning attorney can help you with so much more than just drafting your will; he or she will make sure your will is valid and can be upheld in court. Your attorney can also help you make informed decisions by explaining estate planning options that you may not yet be aware of.

What Happens If I Die Intestate?
When a person dies intestate, it means that he or she has passed on without a will. After this occurs, that individual’s estate is subject to division according to state laws. Typically, assets are distributed to immediate family members, such as the surviving spouse and children. This could be problematic for those who do not want their assets to go to these individuals.

What Is Probate?
State laws for probate vary. In general, however, it is the process by which a will is recognized as valid and the executor is given the authority to distribute assets. Probate is supervised by the court. It is possible to avoid probate by transferring assets to a trust. If a trust is created, a trustee will transfer assets to the appropriate parties after your death.

How Is a Will Made Valid?
Ensuring that the will is valid is one of the many benefits of having a lawyer handle your estate planning. In order to execute a will, you must sign it in front of witnesses.

What Happens If I Own Joint Property?
There are some limitations on what a will can and can’t do. For example, it cannot direct the transfer of jointly owned property. For example, if you own a house with your spouse, full ownership will transfer to your spouse upon your death. Joint ownership offers some advantages. If you wish, you can add a family member’s name to a bank account, for example, and specify that the individual has the right of survivorship. This means that upon your death, that individual would have access to funds in that account to pay your bills and funeral expenses.

While wills allow people to distribute their assets following death, living wills allow people to express their wishes to their doctors in case of incapacitation. Someone who drafts a living will with a will lawyer near Tracy and Manteca can outline whether or not to artificially prolong life if a devastating injury or illness occurs. Oftentimes, a will lawyer will combine the living will with a health care proxy, which designates someone to make health care decisions in cases of incapacitation.

Determining Your Wishes
If you create a living will, this written document will outline what medical treatments you approve for keeping you alive. You can also outline other medical decisions, including pain management and organ donation. Making these kinds of decisions can be difficult, so you need to closely consider your values. For example, consider how important it is for you to be independent and self-sufficient. You should also talk with your attorney about whether or not there are any situations in which you would like your treatment extended. For example, assess whether you would only want treatment if recovery is possible.

Getting Advice
A great way to evaluate your wishes in your living will is to talk to your doctor, health care agent, or family and friends. Tapping into these resources can help you organize your thoughts and feelings about end-of-life care. Additionally, resources to help you make this important decision are available through the American Bar Association, the Center for Practical Bioethics, and the Conservation Project.

Addressing Possible Decisions
If you are unsure of any possible end-of-life care decisions, you should seek clarification from your doctor or another trusted medical professional. In your living will, you need to address resuscitation, which restarts your heart if it has stopped beating. You will also need to determine whether you want mechanical ventilation, which takes over breathing if you are unable to breathe on your own. In this situation, you need to determine if and for how long you would allow mechanical ventilation. Other issues to discuss with your attorney include tube feeding, dialysis, and organ donation.

Michael C. Belden is an estate planning lawyer in Tracy who is also a specialist in Estate Planning, Trust & Probate Law, certified by the State Bar of California Board of Legal Specialization. This program is a California Supreme Court-approved method for certifying attorneys as specialists in different areas of law. In earning this distinction, Mr. Belden had to successfully pass a written examination, attend a number of education programs, complete specific tasks in Estate Planning, Trust & Probate, and undergo a peer review.

In order for Mr. Belden to register to become an estate law specialist, he needed to practice in the specialty area for a certain period of time. Once Mr. Belden passed the Legal Specialist Examination, he is eligible to continue on in the certification process. Through this rigorous process, the State Bar of California ensures that Estate Planning, Trust & Probate Law specialists have the knowledge and experience necessary to help his clients.

Following a car accident, you might have to deal with the consequences of missing work, fixing damage to your car, handling liability issues, and seeking treatment for related injuries. In addition, you may need to contact a personal injury lawyer in Tracy at Bakerink, McCusker & Belden to ensure you obtain the compensation you deserve. While it’s important to know what steps to take following a car accident, it is equally important to understand what mistakes to avoid.

Leaving the Scene
If you’re involved in a car accident where the damage appears minor, you should still stay at the scene. You are legally required to stop and check on the other people involved, regardless of how serious the accident initially appears. You should also exchange insurance information with the other driver so that you can provide this information to your lawyer and insurance company. In some states, driving away from an accident scene involving injuries can result in felony charges. Not only do you need to check on the scene, but if someone is injured, you must provide aid, transport him or her to the hospital, or wait for help to arrive.

Forgetting Proper Documentation
Once you’ve called 911 to report the accident, you need to make sure you properly document the incident for the personal injury lawyers that could become involved in your case. As soon as possible following the accident, write down exactly what happened in the moments leading up to the incident and when the crash occurred. For example, you need to know what street you were on, what direction you were headed, and when the other driver came onto the scene. Not only will you want to provide this information to your attorney, but you will also need to give it to law enforcement and your insurance provider.

Neglecting the Aftermath
Coping with the trauma of a car accident is difficult, but you still need to follow up on the aftermath by seeking medical treatment and consulting an accident attorney with Bakerink, McCusker & Belden. It’s especially important to get in touch with a lawyer if your resulting injuries will require extensive medical treatment.

At Bakerink, McCusker & Belden , our attorneys in Tracy are dedicated to providing our valued clientele with comprehensive legal guidance in our areas of specialization. Attorney Michael C. Belden, one of our partners, has extensive experience in the areas of estate planning, probate, trust administration, and bankruptcy. In 2014, the State Bar of California Board of Legal Specialization granted Mr. Belden the designation of Certified Specialist in Estate Planning, Trust, and Probate Law. The exhaustive certification process involved a number of continuing education programs, peer reviews, and an intensive examination.

Before Mr. Belden joined our law firm, he served as Assistant Banking Center Manager for Bank of America. He later reviewed appellate cases for the Civil Justice Association of California. Mr. Belden joined the law offices of Bakerink & McCusker as a law clerk in 2003, focusing on estate planning and related matters. He graduated from University of the Pacific, McGeorge School of Law in 2005 and was subsequently admitted to the California State Bar. Since joining our law offices, Mr. Belden has demonstrated an exemplary commitment to client education and counseling.

There is no set age at which individuals should consult an estate planning lawyer in Tracy. Many people only begin to think about estate planning when they encounter a major milestone in life, such as starting a family, buying a home, or starting a business. Others only begin to consider estate planning after they have been diagnosed with a serious illness. However, you can consult an estate planning attorney at any time. In fact, it’s advisable to develop an estate plan sooner, rather than later, since catastrophic events can strike at any time.

You can learn more about the importance of estate planning by watching this video. This expert warns viewers what will happen if they lack an estate plan and highly recommends consulting an attorney for in-depth legal guidance.

Countless individuals suffer injuries and property damage each year because of careless, reckless, or drunk drivers. Unfortunately, it isn’t in the insurance companies’ best interests to justly reimburse victims of car crashes, which is one reason why it’s essential to retain the services of a personal injury lawyer near Manteca. Your personal injury lawyer will serve as a powerful ally to help you obtain the compensation you deserve.

Evaluate the Situation
Although a car crash is a distressing situation, it’s important to try to remain calm. There are a number of steps you must take to protect your legal rights after a collision. First, however, consider whether oncoming traffic could strike your vehicle. If possible, move your vehicle away from the path of other vehicles. Check yourself, your passengers, and the other driver for serious injuries. Once you’ve determined whether someone might need an ambulance, call 911 and provide the information requested by the emergency dispatcher. Then, if you aren’t sure what to do next, you can call a personal injury lawyer for guidance.

Exchange Information
Your accident attorney can inform you of the information you need to exchange with the other driver, such as names, contact information, and insurance information. Additionally, write down the driver’s license number, license plate number, make, and model of the other vehicle. Write down the names and contact information for any passengers and other witnesses, if applicable. When police officers arrive on the scene, write down their names and badge numbers, and obtain a copy of the police report.

Document the Scene
Your personal injury lawyer can use the information you collect along with your explanation of what occurred to demand compensation on your behalf. However, it can be helpful to have physical evidence to substantiate your claim. If possible, take pictures of the crash site, the damage done to both vehicles, and any injuries.

File a Claim
Your personal injury lawyer can provide invaluable assistance with your insurance claim. He or she can coach you on what you should and shouldn’t say to the insurance representative, and your lawyer can negotiate with the insurance company on your behalf. In some cases, an accident attorney may file a personal injury lawsuit on behalf of car crash victims.

Premises liability is the concept that an individual who is responsible for property is also responsible for injuries that may occur on that property. In other words, if you slip and fall due to unsafe conditions in the lobby of an apartment building, you can work with a personal injury lawyer near Livermore to demand that the property owner or manager be held liable for your injuries. These types of cases are commonly referred to as slip and fall cases. Proving liability, or fault, in a slip and fall case can be complicated. You can turn to a personal injury lawyer for guidance on applicable laws.

Proving Liability
There are a few ways in which your personal injury lawyer might prove to the court that the property owner or manager should be held liable for your losses. Your injury lawyer may present evidence that demonstrates the defendant knew of the dangerous condition, yet failed to address the situation. Or, the property owner should have known of the dangerous condition. Since this can be quite difficult to prove, the court will consider whether any “reasonable” individual in the same situation would have been likely to know of the dangerous conditions. Less commonly, your personal injury lawyer might present evidence that suggests the defendant or an employee of the defendant caused the dangerous condition and failed to fix the situation before you suffered an injury.

Establishing “Reasonableness”
Establishing the “reasonableness” of a property owner can be complicated. The court will consider whether there is any evidence that demonstrates the property owner regularly and adequately attempted to keep the property safe. For example, the court might consider whether the property owner has maintenance logs that demonstrate regular procedures for property upkeep. The court may also consider the length of time that the unsafe condition was present. For example, you might slip and fall in a puddle of spilled coffee in a diner. If another patron spilled the coffee only minutes before you fell, it might be argued that the property owner does indeed take reasonable safety precautions. However, if the coffee spill had been on the floor for a few hours, the property owner or the employees are much more likely to know of the problem and to be held liable for your injuries .