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.

Estate Planning Attorney

67% of all Americans have no estate planning in place. While living through a global pandemic has certainly increased awareness of the importance of estate planning, many still don’t have any formal estate plans. 

Some people just don’t make the time to do this type of planning. Some may feel they  don’t have enough assets to bother with it. Many find the idea of facing their mortality a challenge. 

Yet, most people agree that having a plan and sparing your loved ones hassles when  you’re gone should be a priority. With many types of trusts available, estate planning doesn’t need to be only for the super-rich or elderly. 

There’s likely a host of reasons why most people don’t have an estate plan; the first  step in being proactive and getting your estate plan in place is understanding the  different types of trusts.

A knoweledgeable estate planning attorney from the De Bruin Law Firm explains below different types of trusts available to people who are planning their estates. Read on to learn more about estate planning and the types of trusts that might work  for you. 

What a Trust Is
A trust is a type of legal document that works to organize and hold your legal  documents, property, and assets. A trust is a relationship between the trustor, the  person creating the trust, and the trustee, the person caring for the trust on behalf of  the trust’s beneficiary. 

Many people assume a trust and a will are the same. When you consider trust vs. will,  they are quite different. A will names where you wish your assets to go upon your  death. 

A trust holds your assets upon your death. It works as an organization plan, so when  you die, your assets are protected, and there’s a person ready to handle them on your  behalf. 

Benefits of a Trust
There are a host of reasons why someone might choose to create a trust as part of  their estate planning. These might include: 

• Avoid probate and pass assets to heirs through the trust 
• An organized plan for managing your assets before and after your death • Designate assets for minors or special needs dependents 
• Designate funds for the care of minor children and their future • Reduce estate taxes 

For many, the biggest goal of a trust is to plan for the future and to establish a plan to  ensure their loved ones will be protected in the future. 

Categories of Trusts
While there are many different types of trusts, they generally fall under one of several  categories. 

A living trust or an inter vivos trust is active during the lifetime of the person who  creates the trust. This person is often referred to as the grantor. 

A grantor can also set up a testamentary trust. In this type of trust, the trust doesn’t  actually exist until the grantor dies. Its formation goes into effect when the grantor  dies. 

A grantor can create various types of trusts as revocable trusts. This means they  remain in control of the trust and can make changes or revoke information in the trust  while they remain alive. 

An irrevocable trust is one that the grantor or their trustee cannot change once the  trust is legally put into place. 

You might choose one of these options over the other for several reasons. It’s smart to  work with an estate planning lawyer who can guide you through the options that will  work best for your needs and wishes. 

Types of Trusts
Again, you could create many different types of trusts depending on your needs. Let’s take a closer look at some of the trust options you might opt to use. 

Revocable Trust
A revocable trust, often called a living trust, is one of the most common options for a  trust in estate planning.

The grantor creates the revocable trust, who often acts as the trust’s initial trustee. The  benefit of the revocable trust is that the grantor can make changes to the trust at any  time. 

While the grantor can remain in control of the trust while alive, the trustee can step in  if they are unable to care for the trust. 

This type of trust helps avoid probate and allows for assets to be distributed right away following the grantor’s death if that abides by their wishes. 

Irrevocable Trust
Unlike a revocable one, an irrevocable trust can’t be changed or adjusted once created.  An irrevocable trust can go into effect while the grantor is alive or upon their death. 

If the irrevocable trust is put into place, it can’t be controlled or managed by the  grantor. Instead, a trustee is designated to handle the responsibilities of the trust. 

Marital A Trust
Marital A trusts are often used by married couples. When one spouse dies, the assets,  property, and potential income from the trust are then passed onto the other spouse. 

This type of trust is often desirable between a married couple because it allows the  surviving spouse to generally avoid paying taxes on assets inside the trust. 

When the surviving spouse dies, the assets would be taxable to whoever inherits at  that point. 

Bypass B Trust
Another option for many married couples is the Bypass B trust, sometimes called a  credit shelter trust. Like the Marital A trust, when one spouse dies, the other spouse  inherits the assets in the trust. 

The difference is that the surviving spouse doesn’t control the assets directly. This is  an irrevocable trust, and a trustee manages the assets in the trust on behalf of the  surviving spouse.

Many like this option because it helps to avoid hefty tax burdens for those heirs that  inherit down the road since the assets remain under the control of the trust. 

Irrevocable Life Insurance Trust
An irrevocable life insurance trust is an irrevocable trust involving a life insurance  benefit. A grantor might create an irrevocable trust and name the trust as the beneficiary of a life insurance policy. 

This type of arrangement is sometimes used so the trustee can use funds from a life  insurance benefit to pay estate taxes following the grantor’s death. This plan often works well when there’s a family business and the grantor wants to protect the  company and its assets from taxes. 

AB Trust
An AB trust is one type of separate marital trust. In this type of trust, when one spouse dies, the trust basically divides. 

Half of the trust goes to the surviving spouse. They can use the assets as they see fit. The other half of the trust, or the B trust, is set aside for other heirs. 

QTIP Trust
A QTIP trust or a Qualified Terminable Interest Property trust is a type of trust that’s commonly used when spouses have children from previous marriages or  relationships. 

Like an AB trust, the surviving spouse inherits part of the trust, or the A part of the  trust. But in this type, the spouse can only access interest from the B part of the trust  while they’re still alive. They don’t have access to the principal part of the trust, which  is set aside for other heirs. 

Special Needs Trust
If you’re a person who’s responsible for caring for a special needs person like a child,  parent, or sibling, this type of trust is useful. 

It allows you to set aside funds to help care for the special needs person. They can use  the money for medical needs or day-to-day care, yet it won’t impact their ability to  continue to get government aid for their disability.

The funds are inside the trust, so they don’t impact eligibility for government aid or  support. 

Generation Skipping Trust
Some people, when planning their estate opt to pass their assets onto grandchildren, skipping over their children as heirs. 

This is a strategic tax move since it allows the children to avoid paying any taxes on  the assets in the estate. The children don’t inherit assets from the estate, yet they can  use income generated from assets inside the estate. 

Spendthrift Trust
You don’t spend your life saving and planning for the future only to have an heir blow  it all unwisely. If you have an heir that you’re worried won’t use an inheritance wisely, you can opt for a spendthrift trust. 

This type of trust allows you to designate when and how the assets in the trust are  distributed, so you can help to control the untethered use of the assets. 

Charitable Trust
You may have specific charities that you’ve opted to support throughout your life.  You may wish to have some of your assets go to these same charitable organizations  upon death. 

There are two types of charitable trusts: a charitable lead trust and a charitable  remainder trust. 

A charitable lead trust has you designate a particular portion of your assets to a  charity; the remaining amount goes to your heirs. 

A charitable remainder trust allows you or your heirs to receive income from assets in  the trust for a certain period. Then when that period expires, the charitable  organization gets the remaining amount from the trust. 

Trusts for Every Kind of Estate Plan
There are many types of trusts for estate planning, so you can be assured your assets  are handled the way you wish. It’s also smart to use estate planning to help heirs avoid  an unnecessary tax burden.

As you consider estate planning tips, it’s also wise to work with an experienced estate  planning attorney. Laws change frequently, and you want to protect your assets in the  best way possible. 

If you’re ready to start estate planning, an estate planning attorney can help. Contact an estate plannning attorney today so that they can get to work on the best estate plan for your needs. 

Halloween is just around the corner and neighborhood streets will be filled with children of all ages, dressed up in their costumes, eagerly collecting as many “treats” as they can. Although one may not normally associate estate planning with Halloween, it is actually one of the best times of the year to think about your estate plan. The holiday itself is associated with the pagan ritual festival of Samhain (pronounced “SAH-win”), celebrated by the ancient Celts and still celebrated by many around the world today.

The Celts believed that during this time, the veil between this world and the spirit world was at its thinnest, allowing for more interaction and communication between the two worlds. In order to ward off any evil spirts and fae, the Celts would leave them offerings of food and drink at night – hence the “treats” we hand out to children in their “scary” costumes.

Today, many who celebrate Samhain use this time to honor their ancestors and loved ones who have passed. So, you see, Halloween and estate planning really do go together!

What Happens if You Die Without a Will?

Preparing an estate plan may not seem important, especially if you are young. However, having a plan in place in the unfortunate event of your untimely passing may make life for the family you leave behind much more manageable.

Each state has different laws on how the affairs of a person who dies without a will are handled, however, there are some basic commonalities in all of these laws. When it comes to leaving your family without an estate plan, your property and assets may wind up going to parties you would never have agreed to when you were alive.

Intestacy Laws

When someone dies without a will, it is referred to as having died intestate. The first step that must be done in these situations is to name someone who will deal with the decedent’s estate. This person is referred to as the executor. If the person had a will, they would choose their own executor and that information would be named in the will.

There are typically lists of accepted individuals who can take the helm of an intestate individual. It could be the decedent’s spouse, adult children, trusted family member or friend, attorney, or someone else the probate court deems appropriate.

Spousal Succession

If the decedent was married, the surviving spouse is considered next of kin and would inherit the bulk of the estate. The marriage must be legal under the laws of the state. Domestic partnerships or common-law spouses are not always recognized. If the decedent had children, they would also get a share of the estate. In the case of minor children, the court may order their inheritance be placed in trust until they reach adulthood.

In the case of blended families, the surviving spouse may get less money if the decedent had biological children with someone else. Stepchildren are also usually not recognized as heirs and will not get a portion of the estate.

Other Blood Relatives

In cases where the decedent was unmarried and had no children, the court may leave the estate in the hands of parents and siblings. If there are no qualifying individuals, the court will look at other blood relatives, including aunts, uncles, nieces, and nephews. Sometimes an estate passes way down the list to cousins if there are no other closely related relatives.

Call Our Firm Today

Don’t leave your family with a bag full of tricks by not having a solid estate plan in place. Make sure their future is protected. Call Yee Law Group today to meet with one of our dedicated Sacramento estate planning lawyers.

Estate Planning Lawyer

After someone dies, it is not uncommon for surviving family members to fight over the assets in the estate. Some family members might feel like they are not getting their fair share and take it out on others. That is the last thing you want to happen. As such, you want to take steps to minimize conflict as soon as possible.

Here are some tips to prevent your family members from fighting over your estate.

Have a Conversation with Your Loved One

You do not want anything in your estate plan to be a surprise for your family members. That is why you should plan to have a conversation with them in the near future about your final wishes. Explain how you are dividing up your property. If you plan on giving one person a larger inheritance, explain why. For example, you may decide to give one child a larger inheritance because he or she is not as financially stable as the rest of your children.

Write a Letter

If the idea of talking to your family members about your estate plan makes you uneasy, do not feel bad. Discussing a sensitive topic like that can be very difficult. You might worry that arguments will break out. Instead, try writing a letter to each of your family members, explaining your final wishes. If you are afraid that your family members may misunderstand your letter, you can have a lawyer review it beforehand. While the letter is not legally binding, it can let your family members know about your intentions.

Choose the Right Executor

An executor will make sure that the final wishes in your estate plan are carried out. This individual is responsible for paying outstanding debts, securing your property and distributing assets to the proper heirs. Because it is such a big responsibility, it’s important to choose the right person for the job. Your executor should be impartial and make sure that your final wishes are carried out. He or she should communicate regularly with your heirs.

Review Your Estate Planning Documents

Most people have to make updates to their estate plans in their life. When you experience a major life change, like a divorce or birth of a child, you should take another look at your estate plan. You want to make your wishes clear to avoid potential disagreements in the future.

Hire an Estate Planning Lawyer

An estate plan can have many complexities, so you do not want to create one on your own. It is essential to have an experienced estate planning lawyer on your side. A lawyer can help you establish a valid estate plan that clearly states your wishes. This can reduce the likelihood of family conflicts in the future.

If you need help with your estate plan, you should schedule a consultation with an estate planning lawyer — as our friends from Davis, Johnson & Kallil urge you to do as soon as possible.