Under certain circumstances, it’s possible to challenge the validity of a will . If you’re thinking about drafting a new will, talk to a lawyer in Tracy or Manteca about reducing the risk that your will is going to be contested. An estate planning attorney can also assist beneficiaries who believe that a deceased person’s will is invalid.

For more information about contesting these documents, watch this quick video. It explains the four primary grounds for contesting a will. They include the assertion that the deceased was legally incompetent or was acting under duress. A will may also be declared invalid if there is a valid will drafted on a later date, or if the will was not executed properly.

Do not risk making a mistake and being held liable during the will process. Contact our firm today if you would like to schedule a free consultation for Trust and Will attorney.

One of the most common questions asked of personal injury lawyers serving Tracy and Livermore is, “How much is my claim worth?” No attorney can precisely predict how much money you could receive in a jury award or settlement, but you can get an estimate of your compensatory damages. Compensatory damages refer to the money intended to compensate you for the actual amount you lost because of the other person’s negligence.

In other words, compensatory damages include your related medical bills, lost wages, and property damage. If your neighbor’s dog attacks you and destroys your designer handbag, your compensatory damages would include the value of that handbag. You can help your attorney develop an accurate estimate of your damages by keeping track of all of your expenses in the wake of the incident. Save receipts for all of your pharmacy co-pays, and save any other documentation, such a estimates for your car repairs if the incident was an auto accident or personal injury.

Trust administration is complex, and it benefits from the attention of a skilled lawyer. Trustees living near Tracy or Manteca must ensure that they follow applicable California laws, as well as the terms specified in the trust document. You can hear more about these responsibilities by watching this featured video and consulting your lawyer.

Trustees have an obligation to act in a way that serves the best interests of the beneficiaries. They owe a duty of impartiality to avoid favoritism among the beneficiaries, and they cannot have personal or financial conflicts of interest. Trustees also have a responsibility to manage the trust property in a fiscally prudent way.

If your loved one died because of someone else’s negligence, you may choose to file a wrongful death case against that person. When you contact a lawyer in Tracy to determine if you have a case, he or she will need certain evidence to proceed with the suit and pursue damage on your behalf. Here is a look at some of the evidence your attorney will need to put your wrongful death case together.

Death Certificate and Reports

Your lawyer will need as much information as possible about how your loved one died. This means that he or will need a copy of the official death certificate that lists the exact cause of death. He or she will also need a copy of any police reports associated with the death or any event that contributed to the death, such as a report from the scene of a car accident. If there was an autopsy, your attorney will also need a copy of that report. In cases that involve medical malpractice, your lawyer will need copies of medical reports as well.

Evidence of the Relationship

As part of your wrongful death case, your attorney will need to show that there was a relationship between your lost loved one and the person you are holding responsible for his or her death in which that person owed your loved one a duty of care. This relationship can be the expectation that a doctor will act in the best interest of his or her patient or the responsibility of a driver to drive safely to protect other people on the road. Your attorney can tell you what kind of evidence will best prove this relationship in your specific case.

Financial Records

To determine what claim you may be entitled to, your attorney will need to calculate both the financial and emotional cost to you of losing your loved one. One strategy he or she will use to prove the financial loss is to show the income your lost loved one contributed to your household in the past and how that lost income will affect your family financially.

An executor of a will oversees the probate process and administration of the will’s terms. It is a large responsibility that can sometimes put you in the middle of tense family disputes, and in some cases, you may wish to avoid the complications that come with taking on the role. It is possible to decline to be an executor, but you may need to work with the estate planning lawyer in Tracy to relinquish your position.

If you decide that you do not want to be an executor before the person who is nominating you passes, then you can simply inform him or her to instruct the estate attorney to take your name off the will. If you find out after someone’s death that you have been named as executor in someone’s will, then you will need to contact the probate court to find out the process for renunciation of your position. An Attorney Firm can also explain how to make sure you are completely relieved of your legal responsibilities as executor. Contact us today for more details or to book a consultation.

If you’re tempted to use DIY forms to create your will, you should strongly consider consulting an estate planning lawyer in Tracy or Livermore first. Estate planning law is complicated, and it’s easy to make mistakes that could cost your heirs. Errors by omission are also common. Did you know, for instance, that if you have minor children at the time of your death, the state can decide who will get custody of them? You can prevent this potential catastrophe by talking to an estate planning lawyer about your situation.

Attorneys who handle estate planning matters have years of experience navigating the nuances of the law. Your lawyer can give you solid, actionable guidance on protecting your family’s future. For many families, creating a trust is an ideal way to retain control of assets and minimize estate taxes. Your attorney can help you weigh the benefits of setting up a trust. When it’s time to draft the documents, letting a lawyer handle this task ensures the job will get done right the first time.

Car crashes, dog attacks, and slip and fall incidents all have at least one thing in common: The potential for long-term disability and disfigurement. If you have experienced life-changing injuries due to someone else’s negligence, you have the right to seek compensation with the help of a personal injury lawyer . An injury lawyer serving Tracy and Manteca can guide you through the process of assessing the likelihood of long-term losses and calculating future damages.

Types of Long-Term Injuries

The injuries that accidents typically cause can result in chronic pain that ranges in intensity from mild to disabling. Long-term injuries include traumatic brain injuries (TBI), severe disfigurement, and post-traumatic stress disorder (PTSD). Personal injury lawyers can seek compensation for their clients’ amputation. An amputation may be traumatic, which can happen during a serious car crash, or it may be planned. For instance, the victim of a dog attack may suffer a life-threatening infection that requires the amputation of a hand, foot, or limb. Other long-term injuries include severe disfigurement and burn injuries. Depending on the particular type of injury or disability, patients may suffer from lingering symptoms such as the following:

• Dizziness
• Tinnitus
• Headaches
• Suicidal thoughts
• Phantom pain of an amputated limb

Documentation for Long-Term Injuries

To obtain a successful outcome for your case, your injury lawyer needs as much documentation as you can provide. Your medical records will play a vital role in your case. Be sure to attend every scheduled follow-up appointment with your doctor, and fully disclose any lingering symptoms or physical deficits you’re experiencing. Keep a record of your sessions with physical or occupational therapists. As you progress toward recovery, ask your healthcare provider if there is a likelihood of a long-term impact from your injuries, such as recurrent health problems or an increased risk of degenerative problems later in life. If so, ask your doctor to make a note of it in your medical records.

Compensation for Long-Term Injuries

Long-term injuries often involve some degree of functional impairment. For example, you may suffer from reduced vision, poor mobility, or cognitive decline. Not only do these problems affect your quality of life, but they may also prevent you from working at your full capacity. Your injury lawyer might ask you to meet with a life care planner or vocational rehab expert to evaluate your long-term damages. This enables your lawyer to seek appropriate compensation on your behalf.

It’s not as uncommon as you might think for individuals to disinherit family members. However, estate planning is always a tricky subject. If you do intend to disinherit someone, it’s wise to discuss this with your attorney in Tracy or Livermore. This is because estate law approaches disinheritances in different ways, depending on that person’s relation to the testator of the will.

Making the Decision

The decision to disinherit a family member is entirely yours to make. People disinherit family members for a variety of reasons. Given the prevalence of estrangement in families, disinheritance often stems from the simple fact that the testator has no relationship with the family member. Or, perhaps the disinherited family member is already financially secure and doesn’t need the inheritance as much as other family members. If you’ve decided to disinherit someone purely because you believe that person will make poor financial decisions, consider asking your lawyer to set up a trust instead.

Understanding Disinheritance Laws

As your estate planning lawyer will advise you, you do have the right to distribute your own assets in any manner you please. However, you might not have full ownership in all of your assets. If you’re married, your spouse is legally entitled to half of the marital assets. In most cases, the only way to completely disinherit a spouse is if he or she agrees to be disinherited via a legal contract. If you’re separated from your spouse, getting a divorce finalized may be a more feasible option. Estate law is more flexible regarding the disinheritance of a child. In most states, children do not have the legal right to an inheritance.

Preventing a Will Contest

If you intend to disinherit a child, you may be tempted to simply make no mention of him or her in your will. Unfortunately, this may set the stage for a will contest. The disinherited child may contest the will out of the belief that it may not be valid. Instead of simply leaving the child out of the will entirely, it’s best to specifically state that you do not intend to leave any assets to a particular person. For the sake of familial harmony after your death, it may be wise to explain your reasoning in a separate letter to be opened after your death.

When someone dies, his or her will is submitted to a probate court for validation. The court will determine whether the will is valid or invalid, and officially appoint the executor of the will. Since probate can be a complex process , it’s advisable to consult a lawyer in Tracy or Manteca if you’ve been appointed as the executor. An experienced will attorney can also represent the heirs of the estate, particularly if there could be a problem with the will.

Watch this video to learn more about the probate process, including potential problems. For instance, someone may contest the validity of the will by claiming that it wasn’t properly witnessed or that the decedent was coerced into signing it. In most cases, probate proceeds without these issues.