If you are putting off a conversation with your family about estate planning because the topic is tough to deal with, now is the time to get everyone together. The fact is that as difficult as the conversation may be to have, you need to have it while everyone is calm and has their wits about them. During an emergency medical situation or when cognitive problems start to set in are not the right times for serious talk about the future. Here are a few things you should know.
Why You Need to Have an Estate Planning Discussion
Discussing things as a family does not take away your right to determine what will happen to you or your estate. It simply helps you to convey to your family why your estate plan is being set up as it is, and it allows your family members to voice opinions or ideas you may not have thought of. What should the discussion include?
- Distribution of Assets – Discussing who will get what can curb hurt feelings over what your will or trust will later
- End of Life Decisions – If you don’t want your life prolonged on machines, now is the time to break the news to your family and to discuss who can handle the emotional responsibility of making the call if it comes to that.
- Funeral Arrangements – Now is the time to let your family know how you want your remains to be handled.
- Medical Wishes – If you become incapacitated either physically or mentally, now is the time to establish who will be in charge of making decisions for you and what you expect those decisions to be.
Meeting Your Estate Planning Needs in San Diego, California
By having this discussion, you can help absolve your family of any feelings of guilt when having to make tough calls and limit any hurt feelings that may be piled on top of grief at a later time. Petrov Law Firm can then help you to carry out the decisions you have made by sharing our valuable estate planning experience with you. To begin enacting your plans for the future, call 619-344-0360 today.Read More
One estate planning method that many couples use to avoid probate is called joint tenancy. This means that the two of you own the property together. As a result, if one spouse dies, the other will automatically own the property outright and thereby avoid having to through the mate’s estate to get ownership. Does the same concept apply to cars?
Joint Tenancy of Cars in California
Joint tenancy should help a car pass to the right person automatically. However, it is vital to register the car properly in both names. This is highlighted by a case involving two friends who co-owned a vehicle. When one of the friends passed away, the other expected to get full ownership of the vehicle since both names were on the title. But the court ruled that the title did not create joint tenancy but merely tenancy in common. As a result, the surviving friend received 50% ownership only, and the other half went to the deceased’s trust.
Knowledgeable Estate Planning Advice in San Diego
Knowing how to properly register your vehicle as joint tenancy is important if you want the car to avoid probate and pass immediately to the co-owner, whether that be your mate, another family member, or a close friend. The estate planning lawyers at Petrov Law Firm can help you to make sure you have taken care of all the details that will ensure a smooth transition. To get started on your estate plan and get the accompanying advice that you need, just call 619-344-0360.Read More
A living trust is a great way to simplify matters for your heirs and avoid probate. Since assets that are a part of a trust are passed on differently than those in a will, your heirs may receive their inheritance faster and with fewer legal fees. The difference is in the way the trust is funded. Only a correctly implemented trust will save time and money and avoid lengthy court proceedings.
Why Executing the Trust Properly Is Vital
A 2012 case in El Dorado, California brought this topic to the fore. In the case, an older woman had executed a trust leaving her home to her daughter. Three years later, she changed her trust to make her son the heir but failed to change the deed on the house. Thus, the conflict was whether or not the house should be left to the son or daughter.
In the end, the son received the house due to California law allowing for the transfer of the property to the new trust. However, it took 5 years longer than it should have for the son to get the home. So it still drives home the point of properly executing a trust in order to avoid long legal battles.
Help in Executing Your Living Trust in Sand Diego, California
San Diego, California residents can trust the experienced attorneys at Petrov Law Firm to help execute your living trust properly. This will make for a smooth transition in the future when your heirs receive their inheritance. To learn more and to start planning for the future today, call 619-344-0360.Read More
There is a lot to think about when a couple goes through a divorce, especially if they have been together for a long time and have a family. One major consideration is the status of your estate planning. What estate matters need to be considered following a divorce?
- Does your former mate still have power of attorney to make medical decisions for you?
- Was your spouse the trustee for part or all of your estate?
- Do you share a living trust?
- Is your ex still in your will?
- Is your former spouse listed on your bank, credit, or retirement accounts?
- Do you share any property?
While some of these matters may be resolved as a part of the divorce (for example, jointly owned assets may be liquidated), some things may need to get taken care of afterwards. If you become suddenly incapacitated either physical or mentally, it will be too late to make these changes, so now is the time to think about it.
Compassionate Assistance When Estate Plans Need to Be Adjusted
Life-changing events are never easy. It can be tough to think things through logically following a divorce, especially if you experienced many years together. Having a quality estate planning lawyer in your corner can be an important asset when it comes to making sure you’ve dotted all your I’s and crossed all of your T’s.
Petrov Law Firm has the compassionate attorneys who can help you to make the right decisions at your own pace. To schedule an appointment, call 619-344-0360.Read More
Some people take the extra time and effort to plan their own funeral and make it a part of estate planning. However, if you do not take this advanced step to outline the way you want your funeral to take place (and many people don’t), it raises the question: Who will plan the funeral?
Can Someone You Disinherit Plan Your Funeral?
You may be surprised to find that answer is yes. Let’s say you pass away and decide not to leave any money or assets to your children. It all goes to your favorite nephew. Out of the $100,000 you leave him, he decides to spend $15,000 of funeral arrangements at a nearby funeral home.
However, the disinherited children step in and decide to plan a $50,000 funeral at a location more convenient for them. Legally they can do that in California as closer relatives. Now half of our favorite nephew’s inheritance goes toward a funeral you didn’t want, that was planned by kids you had a falling out with.
Suddenly it becomes clear why planning a funeral ahead of time is so important, especially if you have close relatives you don’t want to have involved in the planning.
Planning Your Funeral in California
California residents can take control of funeral arrangements by making it part of the estate planning process. This can help a grieving spouse or children by making decisions for them in advance. It can also protect the assets left to another relative by overriding decisions that would otherwise have fallen on a closer relative according to state law.
If you have not yet made arrangements for your future funeral, the estate planning attorneys at Petrov Law Firm can be of assistance to you. Call 619-344-0360 and make an appointment to discuss your estate planning needs.Read More
Most people will answer that question by saying, “My spouse.” That makes sense. In a marriage, if one mate dies, the bulk of the estate goes to the surviving mate. However, complications arise when both mates die at the same time or within a short period of time. How can changing your beneficiary correct these issues and provide other heirs, especially your children, with the benefits of some additional precaution?
The Primary Beneficiary – Your Revocable Trust
One way to get around these issues is for both spouses to change their primary beneficiary to a revocable trust. In case one mate dies, the other will have fast access to the trust, so changing the beneficiary doesn’t affect how soon the money is available. In the case of both mates passing at the same time, kids (especially minor children) don’t have to worry about things like not getting anything until they turn 18 or seeing the money go through probate and having to pay court fees. This also means that if only one parent passes away and the other doesn’t transfer the money to a trust right away (these things can be tough to deal with at the moment), and then the second parent passes away not long after, none of the aforementioned issues arise. All of this can be avoided by changing the primary beneficiary on the policies.
Smart Estate Planning Advice to Protect Your Heirs
The estate planning attorneys at Petrov Law Firm can help you to effectively settle your affairs in a way that will bring benefits to those who stand to inherit your assets. To schedule a consultation, call 619-344-0360.Read More
We live in a do-it-yourself age where people want to feel the accomplishment of completing a task without the help of a trained professional. When it comes to putting together your own Ikea furniture, that’s a great attitude to have. However, estate planning is not the place to miss out on professional advice for the sake of saving a little money. Here are 2 reasons to avoid simply downloading a pdf form will and filling it out yourself.
#1: A Form Document May Not Address Your Specific Needs
What if the document you download has a place for assigning who will inherit property when you pass away, but doesn’t mention anything about future properties you might acquire after you complete the document but before you leave the inheritance to your heirs? A form document can’t take into consideration the specific circumstances of each person who will download and fill it out, so you can’t be sure you are getting what you need.
#2: You Miss Out on Valuable Legal Advice
These sites don’t provide you with a live person to give you advice on how to fill out the documents. At best, you get some simple instructions. The legal system is very complicated, and trying to do your own estate planning from a form is like trying to stitch a would yourself after reading a how-to article online without the help of a medical professional. You might end up doing it right the first time, but there are some things that are too important to read about on the Internet and then try yourself with no practical experience.
Meeting Estate Planning Needs and Providing Sensible Legal Advice
At Petrov Law Firm, we help our clients determine what their estate planning needs are, and then we provide the necessary legal advice to ensure your wishes are met. Don’t try to go it alone only for your family to receive a rude awakening later. Give our experienced estate planning attorneys a call at 619-344-0360.Read More
In June of 2016, a new law went into effect in the state of California. This law, signed by the governor in the fall of 2015, involves medical aid in the death of terminally ill individuals in the state. Thus, California joined its neighbor to the north, Oregon, in assisting dying patients in ending their sufferering through medical means. Awareness of this new law means that many California families should be having a frank discussion before the end of life scenarios arise.
Whether or Not to Amend an Existing Health Care Directive
If you have an existing health care directive that outlines who will execute end of life decisions for you should you become incapacitated, as well as outlining what those decisions are, you may need to have a frank discussion with your power of attorney about your choices. If you want to amend your directive to take advantage of the End of Life Option Act should you become terminally ill, you need to communicate with your designated decision-maker to ensure that he or she is comfortable carrying out your wishes. Assisted death is a very touchy subject for some, as is indicated by a letter that the American College of Physicians sent to the California governor urging him to veto what they called “the legalization of physician-assisted suicide.”
Getting Help with Estate Planning
Drafting a healthcare directive is an important part of estate planning. The compassionate lawyers at Petrov Law Firm can help you to be certain that your wishes are carried out in the event you become incapacitated and can no longer make decisions for yourself. To learn more about how to execute such a directive, please call 619-344-0360.Read More
You probably realize that accidents happen and life can be cut short suddenly, making estate planning important. So why do surveys show that less than half of Americans even have a will let alone a trust? Here are the top 3 reasons that people put off estate planning.
#1: “I’m Not Wealthy.”
Many people think estate planning is just for those with millions of dollars to pass on to heirs. However, even if you only have a few assets to leave behind, if you want those assets to avoid probate and go directly to your family, you need to start thinking about estate planning now.
#2: “I Don’t Like Thinking About Dying.”
No one does, but this is for your family. You just need to sit down with your loved ones, decide who gets what, and then spend a little time with an estate planning lawyer to get everything on paper and signed. Then you never have to think about it again until it actually happens.
#3: “It’s Too Time Consuming.”
Sometimes procrastination can turn a small chore into a giant that we have to slay. Estate planning doesn’t have to take a long time. The right attorney can help you to take care of matters easily. Then you can rest assured that your family will be well taken care of should something happen to you.
The Top San Diego Estate Planning Attorneys
If you are looking for the top estate planning attorneys in San Diego, give Petrov Law Firm a call at 619-344-0360. Our compassionate and knowledgeable attorneys can help walk you through the process, so you can see how easy it is to leave whatever assets you may have to the right people without having to spend too much time thinking about it.Read More
Trust administration refers to the management of a trust by a trustee who has been appointed to distribute the property or funds. The trustor provides the trustee with instructions that are to be carried out. The trustee then applies these wishes in accord with state laws and in the best interest of the beneficiaries. How does California state law affect how trustees carry out this responsibility?
California Laws on Trust Administration
California law dictates how trustees handle their responsibilities in a number of ways including:
- Guidelines that keep a trustee from taking action that does not benefit the heirs or trust
- Requirements to perform certain duties in connection with the trust
- A designated line of succession in case a trustee dies at the same time as or before the trustor or is otherwise unable to carry out responsibilities
The Responsibility Placed on a Trustee in California Trustees are expected to comply with the instructions outlined in the trust as well as with all applicable state and federal regulations. They are expected to handle the estate in a manner that is financially responsible, preserving it for the beneficiaries. The trustee may be in charge of financial records, debts, and taxes. Beneficiaries can request financial statements from trustees to ensure things are being handled properly.
Trusts and Other Estate Planning in San Diego, California
If you are setting up a trust or doing any other kind of estate planning in California, the estate planning attorneys at Petrov Law Firm can provide you with the assistance you need to execute all of the paperwork properly. This will help to ensure that beneficiaries get what they deserve and that your wishes are carried out properly. Call 619-344-0360 to get started today.Read More