• Understanding the Basics of Estate Planning

    Far too many people die intestate, which means they pass on without a will. When this happens, their assets are dealt with in accordance with state intestate succession laws. In some cases, when an heir cannot be identified, it is possible for the state to claim these assets. You can easily avoid these problems by consulting an estate planning lawyer in Tracy or Livermore. Your estate planning attorney will carefully review your finances, offer sound recommendations, and provide you with all the information you need to make wise decisions for your heirs.

    Will
    Living Trust and Estate Planning in Tracy A last will and testament is a crucial document to have, regardless of your health or age. As your circumstances change, you may wish to visit your lawyer to have your will revised. For example, if you have more children or if grandchildren are born, you may wish to adjust your will to reflect your new inheritance preferences. Your lawyer will draft your will for you to ensure that your assets are distributed in accordance with your wishes after you pass on. Your will can be as detailed as you like. For example, some people simply prefer to leave all their assets to their spouse, while others prefer to designate heirs for specific items. You might leave a valuable jewelry collection to a granddaughter, for example, and leave a vehicle to a sibling. You can also

    use your will to leave gifts for your favorite charities. For parents and legal custodians, having a properly drafted will is particularly important. Your will can designate a guardian for any children who are still minors when you pass on. If you take care of someone who is mentally or physically incapacitated, you will also need to designate a guardian for that individual.

    Trust
    Another basic component of estate planning is creating trusts. A living trust goes into effect during your lifetime, while a testamentary trust goes into effect after your death. You can transfer certain assets to a trust to protect them and reduce the tax burden. Trusts allow for the speedy distribution of assets to beneficiaries after a death. They may also place limitations on inheritances.

  • Meet Attorney Michael C. Belden

    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.

    Michael C. Belden, Attorney at Bakerink, McCusker & Belden 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.

  • Timing Your Estate Planning and When to Start

    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.

  • What to Do After a Car Accident?

    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.

    Skilled Car Accident Lawyers in Tracy, CA 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.

  • Common Types of Personal Injury Cases

    A personal injury lawyer near Tracy can handle a broad range of cases, including auto accidents and attacks by dogs. If you’ve suffered an injury and you believe it may have been the fault of another party, you can consult a personal injury lawyer to discuss your legal options. For this type of case, your injury lawyer will need to prove that the defendant should be held liable for your injuries. Additionally, he or she will need to provide evidence of the nature and extent of your losses. Quite often, however, attorneys can negotiate a favorable settlement for plaintiffs before the case goes to trial.

    Auto Accidents

    The majority of personal injury cases in the U.S. result from car accidents, truck accidents, and motorcycle collisions. Bicycle accidents and cases in which pedestrians are struck also form the basis for many personal injury lawsuits. Often, a lawyer can assist the victim of a crash by negotiating for a fair settlement from the auto insurance company. At other times; however, a personal injury lawsuit is necessary to justly compensate the victim. A lawyer can also represent the family members of an auto accident victim. In the event that a victim lost his or her life in the crash, the lawyer can file a wrongful death lawsuit on behalf of the surviving family members. Compensation from a jury award or settlement deal can pay funeral expenses and medical expenses.

    Dog Bites

    Open-mouthed dog, symbolizing a Dog Bite Case in Tracy, CA.Even a well-trained, mild-mannered dog can bite. Dogs often attack because they feel threatened, because they’re hurt, or because they’re trying to protect something or someone. Dog bite cases are complex and often hinge upon where the attack took place, such as whether it was on the owner’s property or in a kennel. If you’ve been attacked by a dog, it’s imperative to work with an attorney who has experience handling these types of cases.

    Slip and Fall Accidents

    Slip and fall cases can also be complicated. An individual may slip or trip and fall on a public sidewalk, inside a private building, or inside a retail establishment. A personal injury lawyer can investigate the case thoroughly to determine which parties may be held liable for the accident. This may include property managers or building owners, for example.

  • How Estate Planning Can Benefit You

    Estate planning is often thought of as matters pertaining only to the drafting of a last will and testament. But in fact, estate planning near Tracy may also involve making provisions for the continuation of your business and planning for your own future. Estate law is a complex area. When it’s time to organize your affairs, turn to a lawyer with expertise in estate planning.

    Taking Care of Your Family

    There are many ways in which estate planning can benefit your family. Often, when a loved one passes on, the surviving family members experience financial difficulties, which can be compounded by the will being stuck in probate. A skillful estate planning lawyer may be able to use state laws to your family’s advantage, such as by enabling them to receive partial payments while they wait. You can accomplish much more with your will than just distributing your assets. If you have children under the age of 18, you can use your will to designate their guardian in the event of your death. Of course, it’s customary for spouses to name each other as the guardian in the event of a death. However, you can also name a secondary guardian, such as an adult sibling, aunt, or uncle in the event that both you and your spouse pass on before your children become adults.

    Planning for Your Future

    An estate planning attorney can help you express your personal preferences in the event that you become physically or mentally incapacitated. You can designate durable healthcare powers of attorney to make medical decisions in accordance with your preferences. You can also have a living will drafted, which will specify which medical treatments you want or don’t want in the event of certain circumstances.

    Estate Planning Lawyers Facilitating Succession for Your Business

    Many small business owners rely on estate planning lawyers to help them plan for the succession of their businesses in the event of death. If you own a small business, planning these matters in advance will spare your loved ones the burden of deciding what to do about your business.

  • Is a Trust Right for Your Estate? [INFOGRAPHIC]

    When estate planning, most people mistakenly believe that trusts are reserved exclusively for the wealthy. In fact, nearly anyone can benefit from setting up a trust. A trust simply gives you control over how your assets are distributed after you pass. In addition to giving you that extra control, trusts can help your beneficiaries avoid estate taxes and probate proceedings. In this infographic from Bakerink, McCusker & Belden Law , attorneys offering estate planning in Tracy, you’ll learn how trusts work and who can benefit from them. To find out which kind of trust is right for you, contact one of our lawyers. You can also arm your family and friends with the knowledge they need for estate planning by sharing this information with them.

    Trust Right For Your Estate planning

  • Attorney Spotlight: Brinton R. McCusker

    Brinton R. McCusker, a lawyer serving Tracy , has been providing legal guidance to California residents since 1997. As a founding partner of Bakerink, McCusker & Belden, this injury lawyer has helped hundreds of clients reach favorable resolutions of their cases. Mr. McCusker has extensive experience with all types of personal injury cases, including auto accidents, motorcycle crashes, truck accidents, dog bites, slip and falls, and defective products. Mr. McCusker also represents property managers and landlords in eviction cases, along with civil litigation involving real property disputes and breach of contract.

    Brinton R. McCusker, Attorney at Bakerink, McCusker & Belden Before Mr. McCusker began serving residents of Tracy and nearby areas as a skilled lawyer, he served his country in the U.S. Army from 1985 to 1989 as a Russian linguist. Later, in law school, he worked as a law clerk for the County of San Joaquin. Upon becoming a lawyer admitted to the State Bar of California, Mr. McCusker also became a member of the Consumer Attorneys of California, an organization dedicated to fighting for justice on behalf of those who have suffered losses due to negligent acts.

  • Common Questions About Living Trusts

    A lawyer in Tracy with Bakerink, McCusker & Belden who specializes in estate planning can help you create a living trust. A living trust, which is a written document, essentially takes ownership of any assets that you transfer to it. It will be administered according to your wishes during your lifetime. Then, upon your death, its remaining assets will be distributed to the beneficiaries you designate. If you’re wondering whether creating this type of entity may be a wise financial decision for your particular needs, it’s advisable to contact a living trust attorney. Your lawyer can answer any questions you have about living trusts.

    Why Should I Have a Living Trust?

    Unlike a will, which is important for every adult to have, a living trust isn’t right for everyone. For example, if you’re a young adult, you do not have children, and you wish to leave all of your assets to your spouse in the event of your death, then you do not need a living trust. However, if you do have significant assets and you wish to bypass court supervision for the distribution of your assets, you should talk to a lawyer with Bakerink, McCusker & Belden about setting up this entity. A living trust can offer you multiple benefits. Since it’s created while you’re alive, it will be managed in accordance with your wishes. This remains true even in the event that you become incapacitated. If this occurs, a trustee you select will administer the trust according to your wishes. Upon your death, the trustee will pay any debts and taxes, and distribute the remaining assets to your heirs.

    Living Trust Lawyers in Tracy, CA Who Is the Trustee?

    It’s common for individuals to serve as the trustees of their own living trusts while they are living and capable of carrying out these fuctions. However, you may wish to select another person to fulfill this function if you prefer not to manage your everyday financial affairs. You could choose a family member or a professional fiduciary to be the trustee.

    How Do I Transfer Assets?

    Your lawyer with Bakerink, McCusker & Belden will help you transfer assets to the trust . The lawyer will need to prepare and record deeds to your real estate. The law firm of Bakerink, McCusker & Belden will also assist to transfer assets such as bank accounts, bond accounts, and certificates to the trust.

  • Factors to Consider When Hiring a Lawyer

    A skilled lawyer can help you handle a number of complicated aspects of life. Whether you’re looking to plan your estate or hold another individual legally responsible for your injuries, it’s a good idea to hire an attorney. However, not just any lawyer will do—you need to find a skilled attorney who can adequately represent your interests. Here are a few factors to consider when hiring a Tracy lawyer .

    Skilled Attorney in Tracy, CA

    Specialty

    It’s impossible for any one person to have comprehensive knowledge of all facets of the law. When hiring an attorney, it’s important to look for depth, not breadth. If you need to draw up a living will, for example, an attorney who focuses on estate planning will serve your needs better than a lawyer who works primarily in criminal defense. The more focused your attorney is, the better equipped he will be to assist you.

    Experience

    As with any other field, experience is very important when it comes to law. An attorney who’s been around for a few decades is likely to achieve a better result than someone who is just getting started. Generally speaking, an experienced attorney will have a much better understanding of how court proceedings go and how to avoid common mistakes.

    Reviews

    Experience alone may not be enough—it’s also important to ensure that your lawyer is actually good at what he does. The internet is an excellent tool for finding attorneys and evaluating their past performance. When browsing a lawyer’s website, consider looking for a “reviews” section that features testimony from past clients. If the attorney has done a good job in the past, there’s a good chance he’ll do a good job for you, too.

    Success Rate

    Going in for an initial consultation is great for gauging your attorney’s personality and asking direct questions about his expertise. During the consultation, you might ask the attorney about his recent cases and overall success rate. If the attorney has won many cases that are similar to your own, he could be the right attorney for you .