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
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

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.

When you suffer harm because of another party’s negligent actions, you should make yourself aware of your legal options as soon as possible. If you are bringing a lawsuit in the aftermath of an injury, you may be wondering how personal injury damages are defined. As your injury lawyer in Tracy can explain to you, the compensation you will seek in your case depends on the nature of your injuries. These are the most common categories of damages in personal injury cases:

Health expenses. The party responsible for your injury should also be responsible for paying for your medical care. If you have been injured as a result of someone else’s negligence, you are entitled to compensation for all of your medical expenses, including hospital bills, physical therapy costs, home nursing care, medication bills, and transportation costs.

Lost wages. Oftentimes, an individual who has been injured will need to miss work—and thus lose out on potential earnings. You can seek compensation for lost wages or income, including loss of vacation days or sick time. In the event that you have been permanently disabled and prevented from returning to your job, you can sue for loss of your lifetime wages.

Pain and suffering. After an injury, you may have to endure a lengthy recovery period. You are entitled to compensation for the suffering you experience, including chronic pain and the amount of time it takes you to recover from your injury. Be sure to document your recovery, and save all of your doctor’s bills and other medical records.

Wrongful death. In the event that a loved one has died as a result of someone’s negligent actions, you may be entitled to sue for damages. The rules governing wrongful death lawsuits vary from state to state, so you should speak to a personal injury attorney as soon as possible to determine whether you have standing to sue.

For affluent Americans, the federal estate tax has long been a matter of significant concern. Just a decade ago, estates valued at $1.5 million or higher could be subjected to a federal estate tax of nearly 50 percent. The same applied to gift taxes made while the individual was alive. When they handled estate planning matters, couples often had to establish trusts to take advantage of the estate tax exemption. To make estate planning near Tracy and Manteca even more challenging, the federal estate tax fluctuated from year to year in a highly unpredictable manner.

Recently, however, Congress made a few changes that may make estate planning a little easier for many. The highest federal estate tax rate is now firmly set at 40 percent. Additionally, the estate tax exemption was raised to five million dollars per person, which is adjusted for inflation yearly. Rules regarding trusts have also been relaxed. To take full advantage of these changes, individuals can turn to an estate planning lawyer for guidance.

Many people make the mistake of thinking that serious accidents or injuries are not likely to happen to them, which can prevent important steps in planning for the future. Regardless of your age or current state of health, it is beneficial to have an advance health care directive in place so that your wishes are met should you become unable to make decisions about your own care.

As this video explains, an advance health care directive will allow you to state your wishes about future medical care and give a loved one the legal right to make decisions on your behalf when it comes to life-sustaining treatment. Speaking with your doctor and an experienced estate planning lawyer will allow you to create a directive that is best for your needs and beliefs.

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.