fbpx
2019 Wills & Estate Planning Law

Wills & Estate Planning Law

Conservatorships

Conservatorships Law:

A conservatorship is the right given to a person for the purpose of managing the property and finances of a person who is unable or incapacitated to carry out those operations for him or herself. This process, also known as adult guardianship, is a legal process by which someone is appointed by a Court to be the person primarily responsible for making financial and medical decisions on behalf of the incapacitated person. The appointed person (conservator) takes care of the needs of the incapacitated person (conservatee).

A conservatorship, or adult guardianship, is a concept that refers to the rights given to a person to legally make decisions and take care of all responsibilities for another person that is unable to do so for him or herself. Conservatorships are typically established for individuals suffering from comas, incapacitating medial conditions, disabilities, or other severe injuries and illnesses that leave the person unable to take care of themselves and unable to make decisions pertaining to their assets, finances, health, etc. The appointed person (the conservator) has the authority and responsibility to manage the finances, properties, responsibilities and medical decisions of the person that is unable to carry out these operations for him or herself (the conservatee).

If a person planned ahead and legally appointed a power of attorney in advance of their incapacitation, he or she would not need a conservator because the person named in the power of attorney documents would become the guardian or protector for the person in need. However, if a person did not or was unable to plan ahead, a court will need to appoint a conservatorship.

There are two types of conservatorships – LPS and Probate. An LPS conservatorship is for mental health patients and is established by the mental health treatment facility in which the patients care will be placed. A probate conservatorship is for most other incapacitated or disabled individuals that cannot care for themselves or manage their own finances. The conservators in these cases are typically family members or close friends of the individual in need. In either type of conservatorship, the court might appoint one person or facility to take care of financial matters (called a “conservator of the estate“) and a different person to take care of medical and personal decisions or responsibilities (called a “conservator of the person“). One person may also be appointed to serve as both.

Conservatorship Legal Issues:

LPS and Probate conservatorships are the two types of conservatorships. An LPS conservatorship is established by a treatment facility. A Probate Conservatorship is initiated by a close family member or friend of the disabled person. If the disabled person has not or cannot choose a conservator, that person’s spouse, child, parent, sibling or close friend can volunteer to be the conservator. If no such person is willing to do so, there are professional conservators who could be retained or a public guardian may be the conservator. After the conservator has been assigned, the next step is the court process. Court investigators will review documents such as medical reports and other declarations. Conservatorships are terminated upon the conservatee’s death or by court order. Sometimes, the court will appoint the person is charge of financial matters differs from the person who is in charge of making medical and personal decisions.

Conservatorships are usually set up for people who suffer major medical ailments, are in comas, or have other serious injuries and illnesses. Appointed conservators are responsible for managing finances, protecting the conservatee’s assets, making an inventory of conservatee’s assets, ensuring flow of benefits and income, filling tax returns and other accounts.

Establishing a conservatorship often requires court proceedings, extensive documentation, and possibly a bond if the conservatorship involves finances. It is highly recommended that a trained conservatorship lawyer be consulted while going through this process.

If a disabled or incapacitated person cannot appoint their own conservator, a family member or close friend may volunteer, or the courts may appoint a public guardian or professional conservator. Either way, it must be documented legally by the court system and it is subject to ongoing supervision by the court. Having a wills and estate planning lawyer help with this process, all documentation, and all proceedings may be extremely useful and can save the involved parties both time and money.

What an Active Law Group Conservatorship Lawyer can do for you?

An experienced Active Law Group attorneys can help determine if a conservatorship is the right option for your family or for your family member. Many professionals and business representatives may become involved in the Conservatorship planning process. The State Bar recommends that people seek advice from a qualified wills and estate lawyer when handling such issues.

Durable Power of Attorney

Durable Power of Attorney Law:

A durable power of attorney (DPA) is a legal document giving a trusted individual the rights to make legal and/or financial decisions for another person. Someone may wish to appoint a durable power of attorney if he or she cannot or will not be able to handle such decisions and matters on his or her own. It is typically used when a person in incapacitated or otherwise unable to manage one’s own affairs.

Durable Power of Attorney (DPA) gives a person the authority to make legal and/or financial decisions for another person. This person may be a relative, lawyer or friend. This power may be immediately active or activated when that person loses the ability to make decisions for herself/himself. Durable Power of Attorney is typically used when a person is incapacitated or cannot make appropriate decisions.

Durable Power of Attorney Legal Issues:

Choosing the right family member, trusted friend or professional is important since it can be similar to signing a blank check. A Durable Power of Attorney is allowed to grant any of the following powers:

  • Buying or selling your real estate
  • Investing your money
  • Make legal claims
  • Managing your property
  • Making gifts on your part
  • Attending to tax/retirement issues
  • Conducting your bank transactions

Even after appointing a Power of Attorney you may continue to make legal and/or financial decisions for yourself. The person you appoint for this responsibility only a representative who has the power to conduct important matters. As long as you have the capacity to make informed decisions, you may direct your Agent and have things done the way you want. You may also monitor your Agent by asking them to keep accurate records of all completed transactions. You may also revoke your Power of Attorney at anytime by notifying your Agent and notifying financial institutions.

What an Active Law Group Durable Power of Attorney can do for you?

Consulting an Active Law Group Lawyer can get you the legal advice you need about the powers that are appropriate and delegated. Our lawyer may also provide counseling and outline the Agent’s legal obligations. An (A.L.G.) Estate Planning Lawyer also ensures that the Power of Attorney is properly executed and meets all specified legal requirements. If you feel that the Agent you appointed is misusing a Power of Attorney, consider asking an Active law Group lawyer for help and advice on how to deal with this issue.

Choosing the right person to trust as your durable power of attorney is important, as they will be conducting your most important affairs. Consulting an Active law Group wills and estate planning lawyer can greatly help you in all matters pertaining to a durable power of attorney. Our lawyers will help ensure you are making the right decision, and will give you proper advice about which powers are appropriate and delegated.

The person you appoint to hold this power (your “agent“) may begin assisting you as soon as the power of attorney is signed. As long as you still have the capacity to make informed decisions, you can direct and monitor your agent to ensure he or she is carrying out all tasks the way you want. Should you feel your agent is misusing the power or otherwise is not the right candidate, our lawyers can help you revoke the durable power of attorney.

Once you lose the ability to make informed decisions for yourself, an Active Law Group lawyer can ensure your chosen agent is fulfilling their legal responsibilities and executing your durable power of attorney correctly. Our wills and estate planning lawyer will help counsel your agent to ensure he or she is meeting all legal requirements and obligations.

An Active Law Group Attorney can assist you with finding a lawyer who handles Durable Power of Attorney cases. If your appointed Agent is failing to manage your property, finances, etc, we will help you get the proper care you deserve. Call us Today for a confidential FREE consultation. +1(800)-237-3027

Elder Law

Elder Law is a new specialized field of law that emphasizes on issues that affect the growing aging population. The elderly are the fastest growing sector of the U.S population. Estate planning, Conservatorship, Health Care Planning and Wills/Trusts are all under elder law.

Elder law encompasses such issues as will and estate planning, IRA’s, healthcare planning, life insurance, pension plans, retirement and tax issues, conservatorship and power of attorneys. Writing a will or trust, planning the distribution of one’s assets, determining who should have durable power of attorney rights, making medical decisions, etc., are all complex and highly important issues that the elderly may face. With elder law, these matters can be dealt with legally and efficiently in order to prevent legal disputes, lawsuits, and other potential problems that may arise in the future.

Elder Law Legal Issues:

Wills, which are written documents in which the deceased plans the distribution of assets, are usually attempted to be written by people on their own. Without any professional advice, wills are written very narrowly and therefore many lawsuits tend to arise. If a will is drafted properly, it ensures that your estate will be distributed according to your specifications.

Elder law also concerns Durable Power of Attorney rights. Since the holder of Power of Attorney may at one-time act in behalf of the individual who has given those rights, it needs to be handed over carefully and to the right individual. IRA’s, pension plans, charity and insurance should also be examined carefully.

What an Active Law Group Estate Planning Lawyer can do for you:

An Active Law Group, Wills and Estate lawyers concentrate on the legal needs of the elderly and use a variety of tools to meet the goals and objectives of their clients. Our lawyers handling such clients often counsel their clients about planning for incapacity as well as general estate planning issues.

Active Law Group Wills and estate lawyers assist with long term care planning, how to finance the care, benefits such as Medicaid/Medicare and Social Security, decision making powers such as Power of Attorney and Guardianship, wills, trusts and real estate. In addition, attorneys recognize issues such as:

  • Medicaid/Medicare and Social
  • Security
  • Power of Attorney and Guardianship
  • Wills/Trusts and Estate Planning
  • Insurance
  • Housing Issues
  • Retirement and Employment
  • Elder Abuse or Neglect Issues

Wills and Estate Planning

Wills and Estate Planning Law:

A will is a legal document which allows you to choose who receives the rights to your belongings after you die. A will can also be used to assign a guardian for your children until they are capable of looking after themselves. Wills also allows you to choose a trusted person who will manage the distribution of your assets, also known as an executor. If you have not done any estate planning, your assets may be managed by a court-appointed professional, also known as an administrator. A will is usually in the form of a written statement and includes names of the people you want to benefit, called beneficiaries. When you have financial dependents, such as children, having a will can save the expense of arguments that may come up when a person dies without a will. Even if you own a few assets, it is worth making a will to ensure what will become of your assets when you die.

Estate planning is the process of making plans for how you would like to transfer your estate after you die. Your estate is made up of all the property you own. This includes houses, cars, cash, clothes, jewelry, land, investment and savings accounts, retirement benefits, etc. Estate planning makes sure your estate is transferred to your beneficiaries, that you pay the least amount for your estate, and that you can assign guardians for minor children, if applicable.

Wills and Estate Planning Legal Issues:

A will is a way for you to tell others how you would like your assets and possessions to be dealt with and distributed after you die; therefore it is common for most people to have one. Your possessions include everything you own, such as your house, vehicles, land, insurance benefits, furniture, bank accounts, investments, jewelry, artworks, etc.

If you do not have a will and you die, which is known as “intestate,” rules of the law apply. In other words, the court will decide all matters of distribution for you. If you are intestate, the following may happen to you:

  • If you are survived by your parents and you do not have a spouse or any children, your parents will generally receive all of your assets.
  • If you are survived by a spouse, your entire estate will pass on to your spouse.
  • If you are survived by a spouse and children, the courts will determine how your estate will be divided among your spouse and children.
  • If you die and you are survived by brothers and sisters, and you do not have a spouse, children or parents, your estate will be divided equally amongst these brothers and sisters.

If you do not use advantage of estate planning, such as by making a will or establishing a trust, your state will have a legal process in place for determining who will inherit your assets. Without estate planning, you can die “intestate“, which means dying without a valid will. The intestacy laws of the state will then determine who inherits the assets. Each state has different laws, but generally, first your spouse and your children will inherit your property, and if you don’t have a spouse or children, your parents are next in line. If your parents have predeceased you, your siblings will inherit your property. If not, next in line would be nieces and nephews.

What an Active Law Group Estate Planning Lawyer can do for you?

Most wills can be written quite simply. Others may be more complex and involve more people, significant assets and considerable amounts of money. These wills should be discussed with lawyers who are experts in this particular area. An Active Law Group Estate planning lawyers can help you draft a simple will or change an existing will to reflect your financial status.

While it is possible for you to do your own estate planning, it is important to keep in mind that wills and trusts are legal documents that should be prepared with the help of an estate planning lawyer. Our estate planning lawyers can help you draft a will, update a will or contest a will. An estate planning lawyer can also give you expert advice and make sure your wishes are met.

To ensure safe and proper distribution of your assets to members of your family. Our Active Law Group Attorney will provide you with the counsel your deserve, assistance you with wills and any concerns you have about allocating your estate. (A.L.G.) estate planning lawyer can help you determine what your estate planning goals should be. Call us Today! +1(800)-237-3027

Probate and Estate Administration

Probate and Estate Administration Law:

Probate Administration is the process of transferring the legal title from the estate of a deceased person to his or her appointed beneficiaries. The term “probate” means “proving” who one’s legal beneficiaries are in a valid will or determining who one’s legal beneficiaries are if there is no will. In other words, probate is the process that determines who gets the deceased person’s property. If a person dies without a will, or intestate, the probate court appoints someone to receive all claims, pay creditors and distribute property.

Probate is the legal process of determining the value and transferring the title of assets and property from the deceased to his or her beneficiaries. Probate is the process of determining who the rightful and legal beneficiaries are of a deceased person’s estate. If there is a valid will, the probate process will verify the legal beneficiaries before assets are distributed. If there is no will, the probate court will determine who the legal beneficiaries are. The probate court will also appoint someone to distribute the assets and properties, pay creditors, and receive claims.

Probate court can be a costly and lengthy process. Often times probate can take one to two years. The fees are set by California’s Probate Code. Many factors can influence the length of the process, including the size of the estate, where it takes place, debts or creditors involved, disputes from the beneficiaries or objections to the will. If there is no will, the probate process becomes even more challenging. The state will be the one deciding who the beneficiaries are and what assets they will receive. If any assets are in a living trust, they are considered exempt from going through the probate process.

Probate and Estate Administration Legal Issues:

Probate can be costly and it can be a lengthy process. The size of the estate, where it is taking place, the creditors involved and objections to the will can change the length of the probate process. If there is no will, the probate process becomes more complicated. The state then decides who the beneficiaries will be and what assets the will be allocated to them. Some assets do not go through probate and are considered exempt, such as assets that are in living trust. People often try to avoid probate because of costs, time and stress.

Most people try to avoid going through probate because it can be so costly, time consuming and stressful. It can cause emotions to run high and disputes or arguments to occur amongst family members. This is why it is important to talk to a probate lawyer. An experienced Active Law Group attorney can help ensure no mistakes are made through this formal procedure, and can help you keep probate costs down. Our probate lawyer can ensure the six basic steps of the California Probate process are completed :

  1. Validation of the Will (if there is a will)
  2. Appoint an Executor to manage and distribute the assets and debts
  3. Inventory the estate and assets
  4. Pay claims and debts owed by the estate
  5. Pay estate taxes
  6. Distribute the remaining assets and value

You may be able to go through a simplified probate procedure if there are no debts against the estate. Our probate lawyer will advise you on the best course of action to take according to your particular situation.

What an Active Law Group Probate Lawyer can do for you?

Probate is a formal procedure and a simple mistake such as missing a deadline or failing to send a copy of the petition to a family member can be costly. Also, the death of a family member or close friend tends to create bickering and arguments among people. Emotions come into play and small matters can get upsetting. Having a lawyer handle probate is typically common. An Active Law Group probate lawyer can discuss if simplified procedures are appropriate or if going through a regular probate process, when there are debts against the estate, is the right way to go.

Wills Contests

Will Contest Law:

A will contest is a legal action that challenges the entrance of a will to probate. A will is likely to be contested by those who insist that a person was incapacitated at the time the will was drafted or that the will maker was forced to implement the will. When will is contested, a court determines the validity of the will. If someone files an objection, a will contest takes place. Generally, people who have standing, or the right to challenge the will, are spouses, children and those who have shares in the estate.

Will contests are legal proceedings that challenge the validity of a will and try to stop it from entering probate or distribution. A will may be contested if someone believes that a person was incapacitated at the time he or she drafted the will or if the person was forced into implementing the will. Persons that may have grounds to contest a will are typically children, a spouse, family members, or others that have a share in the estate. They are often heirs of beneficiaries that received little to none out of the will and thus wish to challenge it.

If a person files an objection to a will, a will contest proceeding will take place in a court. Examples of objections may be that the decedent was incapacitated or lacked mental clarity when writing the will, the will was implemented with no witnesses present, the will was fraud, or some type of forgery was involved. It is then up to the courts to determine the validity of the will in question.

Will Contest Legal Issues:

Most of the will challenges are by potential heirs of beneficiaries who did not get much or sometimes nothing of the distribution. Typical objections are:

  • The decedent lacked mental capacity when the will was drafted
  • The will was not drawn properly, such as no witnesses were present
  • There was fraud
  • The will was forged

What an Active Law Group Lawyer can do for you?

If the possibility of a will contest arises, experienced wills and estate planning lawyers are the right people to see. Wills are important documents therefore having a lawyer to help you draft it is a good thing, even if you do not fear someone challenging it. Keeping the will clear will help you keep expenses down when it comes to probate and also minimize taxes. Our lawyers work extra hard when you suspect challenges. They may even videotape the will’s execution.

Active Law Group Wills and estate planning lawyers can help both contestants (those contesting the will) and proponents (those defending the will’s validity) in any legal proceedings in a will contest. Our (A.L.G.) estate lawyer can help with paperwork, gathering evidence, and proving that the will is invalid in a will contest.

Similarly, an Active Law Group wills and estate planning lawyer can help ensure that a will is valid and cannot be contested. It is important to have an attorney help draft a will so that it is clear and accurate, and thus cannot be challenged in the future. If someone else is contesting the will, Our Active Law Group will contest lawyer can help defend your rights and ensure you get the assets owed to you.

Will Drafting

Will Drafting Law:

Will drafting is the process of creating a will. Wills are the most common way for people to express how they would like to have their estates handled after their death. A well drafted will can significantly reduce tax burdens and make the property transfer more efficient. A will may be drafted from simple documents to elaborate dimensions depending on the size of the estate. The general rule on drafting a will is that it must be written. Some states require it to be handwritten, but some will only allow typed or pre-printed ones.

Will drafting refers to the process of writing a will. Wills are created so that assets and properties may be passed down to beneficiaries after a person’s death. The will outlines exactly what should happen with the decedent’s estate after he or she passes. Will drafting is a crucial first step. Writing a clear draft of ones will allows for edits and fine-tuning to be made before it becomes a legally binding document. A will that is well written can help reduce tax burdens and make the overall transfer of assets more efficient.

Drafting a will can be simple or complex, depending on the size of the person’s estate. In order to make the will legal, it generally has to be either hand-written or typed, depending upon the state’s laws. If you do not write a will, your assets will be divided amongst your children, spouse and/or blood relatives. If you have no blood relatives, all of your assets will go to the government. Drafting a will is a way to dictate exactly what is to happen to your estate after your death, and it will ensure your assets are managed or distributed as you wish.

Will Drafting Legal Issues:

By will drafting, you will ensure what happens to your assets following your death. If you die without having written a will, it means you have died intestate. A law of intestacy applies to your assets, meaning it will be divided between your spouse and your blood relatives. If you have not survived by any relatives, your assets will be given to the government.

An Active Law Group will drafting lawyer can help you draft a clear and concise will. Having legal advice from an experienced wills and estate planning attorney can be extremely beneficial if your will is complicated. Our will drafting lawyer may be especially helpful if your estate involves business or partnerships interests, if you also have a trust, if you believe your beneficiaries may contest your will after your death, or if your estate is of extremely high value and complexity.

There are many types of wills, trusts and estate plans. A (A.L.G.) will drafting lawyer will help you identify the correct legal vehicle to execute your wishes for your estate, assets and heirs.

What an Active Law Group Estate Planning Lawyer can do for you?

Wills can get complicated and consulting someone for legal advice can come in handy. You should consider contacting a will drafting lawyer if you are faced with the following situations:

  • If your estate includes business/partnership interests
  • If you are planning a trust alongside your will
  • If you suspect your benefactors to contest your will after you die
  • If your estate’s gross value goes beyond the federal estate tax exemption amount

If your in need of an experienced wills and estate planning lawyer. Active Law Group and our team can advise you about any problem you may encounter while drafting a will, and guide you through the legal process. Call +1(800)-237-3027