When a person passes away without a will or other estate planning tools in place, it can lead to a complex legal situation, called intestate succession. Intestate succession refers to the legal process of distributing the assets and property of a deceased person who did not leave a valid will. The outcome of this process varies depending on the jurisdiction of the court where the decedent lived and the specific circumstances of their estate.

State Laws

Without a will, the distribution of assets and property is typically governed by the laws of the state or country in which the person resided. These laws establish a hierarchy of beneficiaries, starting with the surviving spouse, children, parents, and other close relatives. The assets are usually divided among these beneficiaries based on predetermined formulas or percentages set by law.

The absence of a will can lead to disputes among family members. Siblings, parents, and other relatives may have differing opinions on how the estate should be divided. This often strains relationships and leads to legal battles. Resolving these disputes can be time-consuming, expensive, and emotionally draining for all parties involved.

Escheatment

In cases where there are no immediate or known relatives, the state may claim the assets through a process called escheatment. This means that the government becomes the rightful owner of the property and assets left behind by the deceased. In California, this property falls under the purview of the Controller of the State.

Escheatment is only considered as a last resort and is typically avoided if there are any living relatives, no matter how distant they may be.

Other Issues

Not having a will also means that the deceased person’s wishes regarding guardianship of minor children may not be known or considered. Without clear instructions, the court may have to intervene and decide who will take care of the children. This can cause further distress and uncertainty during an already difficult time.

The absence of a will can also lead to unnecessary taxes, expenses, and delays in the distribution of assets. It may also result in assets being allocated in ways that the deceased person did not intend, as their wishes were not explicitly stated.

Avoiding Complications

In order to avoid these types of issues, especially for family members who will likely already be dealing with the emotional impact of your passing, as well as the potential of the financial impact, it is highly recommended you create a will. A will allows you to clearly outline your wishes regarding the distribution of your assets, appoint guardians for minor children, and even make charitable donations. It provides peace of mind knowing that your loved ones will be taken care of according to your wishes.

Contact Our Estate Planning Law Firm

While drafting a will and creating other estate planning documents may seem like an overwhelming task, a Sacramento estate planning lawyer can ensure that your will is legally valid and that all of your preferences are met. Call Yee Law Group to schedule a confidential consultation and find out what legal options you may have to ensure peace of mind for you and your family.

Greetings, all! As the season of renewal arrives with blooming flowers and lengthening days, it becomes an ideal time to address a unique form of renewal – that of your estate! It’s not merely about arranging your tangible belongings but also about managing your financial and legal matters. Let’s delve into the realm of estate planning and understand its potential to bring tranquility for your future. To discuss your particular situation, reach out to Yee Law Group today.

Understanding Estate Planning

Estate planning is a process dedicated to ensuring your assets and properties are allocated in alignment with your desires after your demise. It includes the creation of legal documents that guard your dear ones, assign beneficiaries, and set up directives for your health and financial matters in case of incapacity.

Examine Your Will and Trust

Take some time to revisit your will and trust papers. Have any significant life events occurred recently, such as a wedding, separation, birth, or a loss in the family? Verify that your beneficiaries, executors, and trustees are current. If you lack a will or trust, this is an opportune moment to seek advice from an estate planning lawyer to initiate the process.

Safeguard Your Dear Ones

Estate planning isn’t solely about asset allocation; it’s about securing your dear ones as well. Think about appointing a guardian for your underage children and setting up a trust to oversee their inheritance until they attain a specific age. This ensures their financial safety and grants you tranquility.

Sort Out Your Finances

The season of renewal presents a fitting opportunity to put your financial matters in order. Reassess your bank accounts, investments, and insurance policies. Are the beneficiaries listed accurately? Are your account specifics current? Spending a few minutes to confirm these details can spare your dear ones from avoidable complexities in the future.

Prepare for Potential Incapacity

Although it’s a difficult subject to broach, planning for possible incapacity is critical. Establish a durable power of attorney and health care directive, which empower a trusted person to make financial and medical decisions on your behalf if you’re incapacitated. Communicate your desires with your chosen representative to ensure they comprehend your values and choices.

Maintain a Digital Record

In our modern digital era, taking stock of your online presence is crucial. Make a record of your digital assets, such as online accounts, social media presences, and digital media. Consider assigning a digital executor who can administer and distribute these assets as per your instructions.

Reach Out for Expert Advice

Estate planning can be intricate, so don’t shy away from seeking expert advice. A seasoned estate planning lawyer can guide you through the legal terrain, address your queries, and make certain that your plan aligns with your objectives and dreams.

Revitalize Your Legacy

The season of renewal isn’t only about neatening our physical environment; it’s about caring for our dear ones and securing our legacy. By dedicating time and effort to estate planning, you can guarantee that your wishes are honored and your family is taken care of.

 

If you have any queries or require suggestions for estate planning professionals, please feel free to get in touch. Yee Law Group is here to help. Let’s rejuvenate our estates collectively and welcome the tranquility that a well-arranged legacy brings.

While it is critical for every adult to have an estate plan in place, it is just as important to periodically evaluate your estate plan to ensure that everything you have set up is still appropriate. After all, our lives are always evolving and ever-changing. There are some life events that could necessitate a change in your current estate plan. The following are some of the most common. For more details regarding your particular situation, contact Yee Law Group.

Change in Marital Status

Whether you have gotten married or gotten divorced, these major life events should initiate a phone call to your Sacramento estate planning attorney. If you get married, you will likely want to make sure that your spouse will be taken care of should something happen to you. Conversely, if you divorce your spouse, you will likely want to make sure your ex will not benefit from your death, including inheriting any of your assets and/or property.

The Birth or Adoption of a Child

Having a child changes everything – including your estate plan! Whether you have given birth to a child or adopted a child, it is important to make sure you make provisions – i.e., a living trust – to ensure your child will be taken care of in the event you die. It is also important to name a guardian for your child in your will. If you fail to do this, the courts will do it for you, and the person they name may not be anyone you would have wanted to raise your child.

Move to a New State

Every state has its own intestacy laws. What applies in one state may not apply in another. If you have moved to a different state since you set up your estate plan, you will want to find a skilled estate planning lawyer in your new state who can help you draft up a new estate plan and ensure it conforms to the law in the new state.

Death

Sadly, there are situations where someone named in the estate plan – a beneficiary, executor, heir, power of attorney, or guardian – passes away first. It is important for the person to update their estate plan to name someone else in place of the person who has passed.

The Purchase or Sale of a Home

If you have recently purchased a home, you will want that property reflected in your estate plan, such as establishing a living trust that would automatically transfer ownership of the home to a beneficiary without the need for the probate process.

If you recently sold your home, the assets from that sale may also need to be addressed in an estate plan to make sure that your family receives the bulk of those assets – and not the government in taxes – should something happen to you.

Contact Our Office Today

If you would like to learn more about estate planning and estate planning tools that could benefit your family, call Yee Law Group to speak with one of our dedicated Sacramento estate planning attorneys.

Will and Trusts Lawyers

As a family lawyer couples rely on will share, the divorce process is often full of trials and tribulations, where emotions often run high and developing agreements are essential. Deciding to divorce was likely not an easy decision to make, and amidst the grief of an ended relationship, there will be changes as they begin their new life. As our wills and trusts lawyers know well, this is a time when many decisions are being made not just about your future life plans with another partner but also about your assets. While there are several reasons a couple may choose to part ways, several key agreements must be made. Making these agreements can be incredibly difficult, especially when determining custody of children, support payments, and the division of assets. As a result, professionals from  Winfrey Law Firm, PLLC can share that there is a high probability that couples will disagree over at least some of the issues. Working with a lawyer can help navigate this challenging process by protecting their client’s interests and supporting them in accessing available options for reaching agreements.

Understanding Key Agreements Made During Divorce

It should be no surprise that when two people are dividing a life they once shared, several agreements must be made. Typically these agreements are made through divorce negotiations, and with the help of their lawyers, couples will need to work together to develop these agreements. The best way to begin is to take an inventory of all assets and consider potential parenting plans. A lawyer can assist their clients in negotiating a fair agreement. Several agreements will need to be reached, including:

• Child Custody Agreements for
  • Physical Custody
  • Legal Custody
  • Visitation Schedules
  • Holiday Plans
  • +More
• Child Support Agreements
• Spousal Support Agreements
• Financial Agreements for:
  • Division of Property
  • Financial Accounts
    • Bank Accounts
    • Savings Accounts
    • 401k Plans
    • Pensions
  • Debts
    • Student Loan Debt
    • Credit Card Debt
    • Loans
  • Taxes
• Health Insurance Agreements
• Business Settlements/Agreements (if applicable)
• Property Agreements
  • Cars
  • Homes
  • Personal Belongings

Dividing a life that was once shared can become complicated. While some issues may be easy to form agreements around, others may be difficult to settle and even create additional conflict amongst the parties. There are several tools available for negotiating a divorce. In addition to negotiations with the representation of a lawyer, divorcing couples may also have access to mediation and arbitration.

When Agreements Can’t Be Reached

Reaching agreements during divorce can be complicated depending on the complexity of a couple’s situation. The time it takes to reach a divorce settlement can vary depending on the couple’s ability to form agreements. At times, there can be sticking points that neither party can agree on, which can draw out the process. When couples cannot reach agreements through negotiation and alternative dispute resolution, they may need to turn to litigation. Litigation is when the judge reviews the case and will ultimately make decisions for them. While this may sometimes be the only answer, the process can prolong the divorce, cause further conflict, become costly, and more.

For those considering divorce, professionals will share that it may be beneficial to speak with a family lawyer to determine the best approach moving forward.

Personal Injury Attorney

If you or a loved one have suffered harm or neglect due to another person, it would be in your best interest to contact a personal injury attorney clients trust to pursue justice, accountability, and compensation. 

What are some examples of personal injury cases? 

Car accidents are the leading cause of personal injury cases. Due to the mass number of cars on the road, and how many people drive throughout the day, car crashes are inevitable. Even experienced drivers can become distracted, or tired when driving which can lead to an accident. The number one reason why drivers become distracted in their cars or trucks is cell phones. Texting, facetime, talking on the phone, emailing, browsing the internet, and getting directions or social media are all temptations for the driver, and easily accessible on their cellular device. While car collisions are the main culprit of personal injury cases, there are other ways in which individuals experience harm or neglect. For example, if a person is walking in a hotel lobby, slips and falls breaking their ankle, the hotel would be to blame if they did not have proper signage indicating a wet floor. 

What should a person do after experiencing an injury?

After sustaining an injury, an individual should first seek medical attention. In the event of a car accident, 9-1-1 will send police officers, as well as ambulance and firetrucks. Firetrucks may be needed if victims are trapped in their cars, and unable to get out on their own. Paramedics will examine the drivers, and passengers to ensure their safety, and assess any injuries. Even if victims do not appear to have physical injuries, they should still be examined by a medical professional. Internal bleeding and concussion may be present and could lead to dangerous complications if not assessed properly. After medical treatment has been undergone and injuries are taken care of, victims of accidents or traumatic events should contact a personal injury attorney.  If you are unsure whether your injury would be eligible for a personal injury case, seek out counsel from an attorney who will be able to determine whether or not you have a case worth legally pursuing. 

How can personal injury attorneys help?

Experienced personal injury attorneys such as those at Ward & Ward Law Firm care about their patients and desire justice, accountability, and compensation for them. By hiring a personal injury attorney, clients can focus on what truly matters, their healing and treatment. Lawyers understand how the emotional, mental, and physical effects of an accident or traumatic event can impact their clients. That is why they wish to represent their clients to the best of their ability, advocating on their behalf and fighting for their rights. This looks like gathering evidence, filing paperwork, negotiating settlements, preparing lawsuits, and preparing their case for court. Personal injury attorneys strive to provide their clients with the best outcome possible and work tirelessly to make their case as strong as it can be. Don’t struggle through the legal process alone, but contact a personal injury attorney today. 

National statistics show that almost 50 percent of all Americans do not have a will or estate plan. Should they pass away before they have managed to create one, their loved ones could face numerous challenges.

How is your estate plan? Will your family be provided for or will they be left stressed trying to address all the financial issues while they are grieving your passing? Make estate planning one of your New Year’s resolutions. The following tips can help. For more detailed information and to address your particular circumstances, contact a Sacramento, CA estate planning lawyer from Yee Law Group.

Why Do I Need an Estate Plan?

There are all kinds of reasons people have for putting off estate planning. Some are young and think they don’t need to have an estate plan at this point in their life. Another reason people have is they don’t think they have enough assets to need one. And there are also people who just don’t want to even think about the day they will no longer be here to provide for their loved ones.

The truth is that every adult should have an estate plan, no matter what their age or their financial circumstances, if for no other reason than to ensure that their wishes are carried out should they ever experience a tragic accident, sudden incapacitation, or unexpected death.

Preparing for Your Estate Plan

When it comes time to create your estate plan, you will likely find it a very unique experience. It really does require you to look at your situation, your family’s situation, and consider everyone’s needs and wishes carefully.

It also provides an opportunity for couples to have necessary discussions that they may be putting off because the subject of death is not one that people tend to focus on. If the couple has children, this is a good opportunity to discuss who they each feel would be appropriate guardians to raise their child should something happen to both of them.

It also gives the couple the opportunity to share with each other what their individual quality of life decisions would be in order to understand each other’s wishes in order to have healthcare proxies put in place as part of their estate plan.

Do I Need a Lawyer for This Process?

Although there are plenty of DIY online legal companies, the truth is that these plug-and-print forms for wills and other estate planning forms are often limited in scope and may not adhere to California estate law. Just like other areas of law, there are specific rules and regulations that must be followed, otherwise, your will or other documents could be ruled invalid, leaving your family in a potentially perilous financial position.

There is no one-size-fits-all estate planning process. This is why having a skilled Sacramento estate planning attorney create an estate plan that addresses your individual issues is critical for your family’s future.

To start the New Year off right and have the peace of mind of knowing your family will be secure when you are no longer here, contact Yee Law Group to meet today.

The holiday season “officially” arrives this week, with the Thanksgiving holiday. Family and friends will gather, often honoring years-long traditions – the meal, the desserts, the parades, and the football game, all kicking off the seasonal holidays. One tradition that may not be on many families’ lists but should be is an annual review of their estate plan with their estate planning lawyer.

Why Review Your Estate Plan?

A lot can happen in a year. Divorce. New children or grandchildren. A death in the family. Changes in your investments. Any one of these situations could constitute a change to your estate plan. Unfortunately, if you are not taking the time to go back and review your plan on a regular basis, you may very well forget to update it. This can create all sorts of issues, including a need for probate, overlooked heirs, and even the distribution of assets to an ex-spouse and/or their extended family. So make an estate plan review a part of your end-of-the-year financial review process.

What to Look for in Your Estate Plan Review

First and foremost, your annual review should begin with a valid will. If you do not yet have one, then it is important that you speak with an experienced estate planning lawyer for assistance. Secondly, consider whether you are still comfortable with your current heirs or trustees. You should also review the current guardian(s) for any minor children. Is this person still living? Are they still interested? Are they still a viable choice? Or has someone else emerged as the better option? Lastly, talk to your estate planning lawyer about any major changes to tax and estate laws over the past year to ensure you are taking full advantage of tax exemptions, deductions, and other important estate planning strategies.

Even Unmarried Couples Should Have an Estate Plan

Many long-term couples choose to live together without actually getting married. It is just as important for these couples to have an estate plan in place. If a couple has lived together for years without legally getting married. If the couple did not have an estate plan in place, they are putting each other in serious financial jeopardy should one of them pass away. Without a will or other legal tools in place, should one partner die, their adult children could claim rights to that partner’s estate, including the couple’s home and other assets.

It’s not just property and assets that could be affected. There are other issues that could affect one partner’s rights over the other’s estate, such as a healthcare power of attorney. Without one in place, unmarried partners have no authority to determine medical care decisions for each other.

Contact Our Sacramento Estate Planning Law Firm

If you need help creating or reviewing an estate plan for your family, contact Yee Law Group, PC today to meet with a Sacramento estate planning lawyer and find out the best options for protecting the interest of your heirs with thoughtful and creative estate planning strategies.