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A Closer Look at Advance Directives
An advance directive does not deal with your finances, but it’s still an important component of estate planning. When it’s time to visit an estate planning attorney located in Tracy or Manteca, you can have him or her create your advance directive along with your last will and testament. This legal document informs your family members and healthcare providers of your healthcare preferences in the event that you are no longer capable of communicating these preferences.
In an advance directive, your attorney could explain that you prefer to accept or refuse life-extending medical care. Use this document to specify your preferences regarding tube feeding, artificial respiration, and dialysis. If your heart rate or breathing stops, medical providers will need to know if you want to be resuscitated. If not, this is often referred to as a DNR, or a do not resuscitate order. Along with your advance directive, consider establishing a durable power of attorney for healthcare. This is a legal document that designates a healthcare proxy, which is a person whom you entrust to make healthcare decisions on your behalf if you are no longer able to. Your healthcare proxy will follow any preferences specified in your advance directive.
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What Is Proximate Cause in a Personal Injury Case?
A personal injury case can involve complex issues, which is one reason why it’s advisable to choose a highly experienced personal injury lawyer with offices in Tracy or Livermore. Your personal injury lawyer must not only prove the actual cause of your injuries, but also the proximate cause or legal cause. Proximate cause is a key concept in holding a defendant liable for negligence . To better understand proximate cause, it may be easier for your personal injury lawyer to explain what proximate cause does not entail.
For example, if you drive through an intersection and a car nearly hits you, you may be understandably upset. As you continue driving, your distressed emotional state may prompt you to hit a parked car and sustain injuries. In this instance, the negligent driver may have remotely influenced your accident, but his or her actions do not constitute a proximate cause. To prove that proximate cause does exist, your injury lawyer would have to demonstrate that the defendant could reasonably foresee that acting in a negligent manner could have caused your injuries.
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What Are the Components of a Complete Estate Plan?
Estate planning can be complicated, but delaying getting your affairs in order may lead to undesirable consequences. If you’ve experienced a change in life circumstances, such as the birth of a child, a marriage, or the death of a family member, it’s time to make an appointment with a will lawyer with offices in Tracy or Livermore. Your estate planning attorney will walk you through the process step-by-step.
Will
Wills are a cornerstone of estate planning. A will serves several functions, including providing for the distribution of your property in accordance with your wishes. If you die intestate, which means without a last will and testament, then your property may be distributed in accordance with the laws of your state. Of course, it is not necessary to list every valuable item you own in your will. A simple will may leave all of a person’s possessions to his or her significant other. Or, you may designate most of your possessions to one person, with the exception of certain family heirlooms to be passed along to other individuals. You can also use your will to make charitable contributions and designate an executor. If you have minor children or you care for a permanently disabled individual, you can use your will to designate guardians .
Beneficiary Designations
You may have other beneficiaries in addition to those you name in your will. If you have a life insurance policy, you should check your designated beneficiaries and update this information if need be. You may also designate beneficiaries for your retirement plans.
Trust
You may choose to have your estate planning attorney establish a trust, which may provide tax advantages for your heirs. You can also use a trust to control the distribution of property after your death. For example, you may wish to leave assets to your minor children, but you may not necessarily want them to have access to the funds right away. You could structure your trust so that your children will receive a certain amount at specific intervals. A trust can help prevent financial irresponsibility among younger beneficiaries.
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What Steps Should You Take if You’re a Dog Bite Victim?
It’s often thought that only certain breeds of dogs have a tendency to bite. But in fact, any dog may attack in response to a perceived threat. If someone else’s dog has attacked you, a lawyer can help you secure compensation for your injuries. There are a few steps you should take before you visit the office of a personal injury lawyer in Tracy or Manteca. Gathering documentation of your injuries will substantiate a claim that your injury lawyer can file on your behalf.
Gather Important Information
It’s essential to determine the dog’s owner or other person who had control of the dog when the attack occurred. If possible, write down this individual’s full name and address. Write down the names and contact information of any witnesses who may have seen the attack. If you have your cellphone with you, take photographs of your injuries.
Get Medical Help
Getting a medical evaluation after a dog attack is always advisable. Dog bites can easily spread infections . A medical provider will need to disinfect and bandage the wound. You may need to take antibiotics and pain relievers, and you may need a series of rabies shots. Your medical records will help your lawyer prove your damages.
File a Report
Check with your municipal government to determine which agency is responsible for handling dog-related complaints. Then, file a report with the county or city authorities, even if you do not know who owns the dog.
Contact an Injury Lawyer
Once you’ve gotten medical help and filed a dog bite report, it’s time to get in touch with a personal injury lawyer. Schedule an initial consultation and compile a list of questions you may have about your case. When you go to the appointment, bring any documents that are relevant to your case, such as copies of your medical records and receipts, photographs of your wounds, and a copy of your filed report.
Keep Good Records
If you do file a claim against the owner of the dog, your lawyer will need to prove your damages. If you missed time at work because of your injuries, keep track of your lost wages. Document all of your medical expenses, including pharmacy co-pays. Make notes about any other way your injuries have affected you.
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Understanding the Basics of Wrongful Death Claims
After the loss of a loved one, you may decide to visit a personal injury lawyer located in Tracy or Manteca. A personal injury lawyer may be able to file a lawsuit on behalf of your family if it is determined that your loved one may have died due to another person’s negligence. This type of lawsuit is known as a wrongful death claim. Attorneys can file wrongful death claims after any type of fatal accident that may be attributable to negligent or intentional reckless actions. These might include motor vehicle collisions, medical malpractice, and product liability cases.
Plaintiffs
If you have a lawyer file a lawsuit on your behalf, then you are the plaintiff in the case. A lawsuit can have multiple plaintiffs. However, state law sets restrictions on who may be the plaintiff in a wrongful death claim . Generally, the plaintiffs are the close surviving relatives of the decedent. In California, wrongful death claims may be filed by the decedent’s surviving children, spouse, domestic partner, or issue of deceased children. If the decedent has no surviving issue, then the plaintiff of a wrongful death claim may be anyone who would be entitled by intestate succession to receive the decedent’s property. Other individuals may also be eligible to file a wrongful death claim, including the decedent’s putative spouse and the children, stepchildren, or parents of the putative spouse. Since wrongful death law is complex, it’s best to consult an injury lawyer about whether you may be able to file a lawsuit.
Defendants
A personal injury lawyer will determine the appropriate parties to name as defendants. If the decedent was killed in a car accident, the defendant may be the other driver. However, the manufacturer of a faulty car part might also be a defendant. If the defendant was killed as an alleged result of medical malpractice, then the defendants might be the attending healthcare staff and the hospital.
Damages
Under California law, the plaintiffs may be able to recover damages—or compensation—for their personal losses and for losses to the estate. Losses attributable to the estate may include funeral expenses, medical bills, and lost wages. Damages for the personal losses of the plaintiffs may include the loss of anticipated financial support, the value of household services, and the loss of love, affection, moral support, and guidance.
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When Should You Start Planning Your Estate?
If you haven’t yet spoken with an estate planning lawyer in Tracy or Manteca, it may be time to make an appointment. Adults can consult attorneys about estate planning at any age. However, as you will learn when you watch this brief video, most individuals begin the estate planning process when they encounter major changes in their life circumstances.
These changes may include getting married, becoming pregnant, adopting a child, or launching a new business venture. Estate planning tools, such as a last will and testament and a trust can protect your financial interests and those of your surviving family members. Since life is unpredictable, it’s best not to wait too long before addressing estate planning issues.
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What Happens to Your Estate Plan During a Divorce?
Estate planning for residents of Tracy and Livermore should involve periodic updates when life circumstances change. The birth of a child, the death of a family member, and the decision to divorce are all circumstances that warrant changing one’s estate plan. Because estate planning is an intricate area of the law, it’s strongly recommended that individuals who are divorcing consult lawyers who handle estate planning matters.
Create a New Will
Now that your marriage has ended, it’s doubtful that you would want to leave your assets to your ex-spouse. You’ll also likely want to change your executor, if you previously designated your ex-spouse as your executor. Visit a lawyer to draw up a new last will and testament. Be sure to revoke your old will, either by literally tearing it up or by including a statement in the new will that revokes all previous wills.
Designate Legal Guardians
If you have minor children, you will need to designate a legal guardian for them in the event that you die before they turn 18 years of age. Be aware that unless the other parent has also passed on, the court is likely to award full custody to him or her. However, it’s still advisable to name a legal guardian for your children just in case you and your ex-spouse die or your ex-spouse may be considered an unfit parent.
Create a Trust
Talk to your estate planning attorney about establishing a trust for your minor children. By setting up a trust, you can designate a trustee other than your ex-spouse to manage the funds until your children come of age. You can even set conditions on the distribution of money from the trust. For example, you may want your children to have access to money for college, but would prefer that they not have access to their full inheritance until they’re more mature. You can set up trust in accordance with these wishes.
Check Your Life Insurance Policy
If you previously named your ex-spouse as your beneficiary of your life insurance policy, you will need to change this information through the insurance company, not through your will. Call the life insurance carrier or visit its website for change of beneficiary forms.
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Financial Considerations When Hiring a Personal Injury Attorney
Personal injury cases encompass events such as auto accidents, slips and falls, and dog bites that occur due to owner neglect. If you have been injured in an accident, a personal injury attorney near Manteca can help you pursue monetary reparations for your accident. There are several financial considerations that may arise due to a personal injury you have suffered. Together with your injury lawyer , you will assess the effects of the accident on your life to determine the total amount of reparations you wish to request. Financial reparations can be used to pay for medical bills, property repair or replacement in the case of an auto accident, and even funds you have lost due to time you took away from work. You can also choose to seek financial reparations for emotional stress or trauma.
Personal injury lawyers specialize in helping clients pursue compensatory damages after an accident or injury. If you have suffered a wrongful injury that has affected your finances and mental wellness, pursuing a personal injury case with the help of an experienced lawyer can eliminate the short- and long-term financial burdens you have faced.
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Questions to Ask Your Personal Injury Attorney
A personal injury lawyer near Tracy is your best resource for handling a personal injury case. If you have suffered in an auto collision, slip and fall, or other type of accident, it’s vital to understand your rights and the reparations to which you are due. Before hiring an attorney to handle your case, it’s important to ask a few questions to ensure the legal help you choose is appropriate for your needs.
Do You Specialize in Any Specific Area?
Personal injury lawyers often choose to specialize in one or more areas of injury law. While any personal injury attorney can technically handle your case, it’s best to seek the help of a lawyer with experience in the type of accident or injury you have suffered. When your lawyer understands exactly the situation you are facing and how it has affected you, he can better counsel you on your options and provide the accurate and supportive representation you deserve.
How Many Attorneys Will Handle My Case?
Law firms often employ several attorneys to handle client cases; if your case will be handled by several individuals, it’s important to understand this from the start. You may wish to meet with every attorney assigned to your case to get a better idea of the team that will be helping you, as well as ensure you are comfortable with the way in which your information and case will be handled.
How Long Do You Think Resolution Will Take?
Medical bills, missed work, and more can all become significant financial burdens. The legal process can be difficult to predict, but your accident attorney may be able to give you an estimate for how long you can expect your case to take, based on your specific case and his experience in similar situations. This estimate can help you plan for your short-term financial future based on how long you may need to wait before you receive the compensation you are expecting.
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Understanding Living Trusts
Life insurance policies are contracts that provide a lump sum payment to a named recipient upon an individual’s death. However, a life insurance policy can also be used to set up a trust near Tracy, which reduces or eliminates the federal estate tax owed on the money paid out of the life insurance policy.
This video explains how estate taxes affect life insurance proceeds and how a life insurance trust can be a valuable estate administration tool. The trust is used to pay the premiums of a life insurance contract; when the insured individual passes away, the proceeds are returned to the trust. Working with a trusted attorney during the estate planning process can help you determine if this type of trust is right for you and your family, as well as ensure your trust is compliant with all inheritance laws to minimize or even eliminate estate taxation.
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