Trust administration is a complicated and lengthy process. If you have been named the administrator of a trust near Tracy or Manteca , it’s in your best interests to connect with a lawyer who handles estate planning cases. Your lawyer can work one-on-one with you to help you understand your duties and legal obligations. By working with an attorney, you can rest assured that you won’t neglect any important details of trust administration.
If you were close to the decedent, it’s only natural that you would need some time to grieve before working on estate matters. Fortunately, the first task you’ll need to perform is usually the easiest. The funeral home will order death certificates on your behalf; ask the funeral director for eight to 12 copies. You’ll need them for many of your upcoming tasks.
Last Will and Testament
Next, you’ll need to file the original will, death certificate, and a request for probate with the court for the county in which the decedent had been residing at the time of his or her death.
You’ll have lots of notifications to make. Consider asking your lawyer for a checklist of notifications to ensure that you don’t forget any of them. First, call the Social Security Administration (SSA) to notify the agency of the death. Regardless of exactly when the death occurred during the month, the Social Security payment for that month must be returned. You’ll also need to notify the state department of health of the death. Within 60 days of the death, you must identify and notify the beneficiaries and heirs. These notifications must be made in writing by mail and they must include certain information such as the identity of the decedent, date of execution of the trust instrument, and the name, mailing address, and phone number of each trustee.
Next, your lawyer will walk you through the process of making an inventory of all trust assets. You’ll obtain a taxpayer identification number from the IRS. This allows you to report the trust’s gains and losses before you distribute the assets. Then, you’ll transfer the property into your name (as trustee). Additionally, you may need to hire appraisers to determine the correct value of assets. Once these steps are complete, you can satisfy the decedent’s debts and tax liabilities, and begin distributing the trust property to the beneficiaries.
In regard to wills, it is commonly thought that simply leaving an heir out of a will automatically disinherits that person. However, this isn’t necessarily applicable in all cases, as you’ll learn when you watch this video or consult a will lawyer near Tracy or Manteca. Spouses and children are direct heirs and California estate law presumes that wills are to include them.
This means that if a direct heir is left out of the will, the will may be contested in court and possibly declared invalid. To definitively prevent someone from inheriting part of the estate, it’s necessary to have an estate planning lawyer include a disinheritance clause in the will. There is no need to include a reason for the disinheritance.
Once you go through the process of estate planning in Tracy and complete your will, you then have to decide how to store it. Many people overlook this part of preparing a will, but it is crucial. Without proper storage, your will runs the risk of being damaged, lost, stolen or even unfound by your beneficiaries. Here are some of the storage options you can consider for your will.
If you decide to store your will at home, then find some place with more protection than a standard file cabinet. A safe that is fireproof will protect your document in case of an incident in your home. A safe that is both fireproof and waterproof offers even more protection. Keep in mind that if you buy a standalone safe or even a fireproof lockbox that it could be easily stolen from your home. Having a safe that is built into your wall offers the best protection for storing your will at home. If you decide to keep your will at home, make sure your executor knows where to locate it in the event of your death.
Some people choose to ask their attorneys to keep their original will documents. This solution is ideal if you know you will maintain a relationship with that attorney. Be sure your executor or your beneficiaries know which attorney is holding your will, particularly if you believe there is a chance you will not continue contact with the lawyer after your will is prepared. If you decide not to have your attorney keep the original draft of your will, ask that he or she keeps some copies, so that these are available should your original be lost.
Safety Deposit Box
Many people opt to keep their wills in safety deposit boxes, which are considered to be one of the most secure locations. Be sure to review the laws in your state for opening safety deposit boxes with your attorney. Most states require very specific documentation to open a box after someone’s death, so be sure your beneficiaries or executor will have the appropriate information to obtain the will.
If you are injured in an auto accident that wasn’t your fault, there are several different kinds of damages you may be eligible to receive. Your personal injury attorney in Tracy will examine the nature of your claim in detail to decide what kinds of damages are appropriate for your situation. Here are some of the different types of damages your attorney will consider when preparing your auto injury case.
When you have medical bills that are the result of your accident, you may be awarded damages that compensate you for your expenses. These expenses include both acute and long-term care you may need, including ambulance fees, surgery, physical therapy, and healing accessories such as crutches. You may also be awarded compensation to pay for in-home care, cognitive therapy, and other types of medical care that persist long after the accident. For instance, if a judge determines that you will need in-home care for the rest of your life after an accident, you could be awarded compensation to cover these future costs.
Pain and Suffering
If your attorney can prove that you suffered emotional or physical pain as the result of your accident, you may receive damages to compensate you for your discomfort. To award pain and suffering damages, the court will consider the extent of your injuries, including if you were left with a permanent disability or scarring, and the impact the accident has had on your life, such as the inability to return to your previous occupation because of your injury.
Lost wages are awarded as damages when you are unable to work for a period of time due to the injuries sustained in the accident. When awarding lost wages, the court may also consider your inability to do the same kind of work, resulting in receiving a lower wage, and the time you have to take off from work for physical therapy or other treatments related to the injuries from your accident.
Dog bite cases fall into the category of personal injury cases. If you were injured by a dog bite, your personal injury lawyer in Tracy will help you determine the right party to pursue for damages. Generally, this is the dog’s owner.
Proving who should be held liable for a dog bite injury depends partly on state law. Some states hold owners responsible any time any animal bites someone, while other states only hold the owner accountable if he or she was aware that the animal was dangerous. In addition to the dog owner, animal keepers, landlords, property owners, and parents of minors who were in control of the dog during the bite incident can also be held responsible. In deciding whom to sue for damages, your lawyer must also plan a strategy that shows that you did not contribute to the incident with your behavior, such as ignoring a warning sign about the dog or acting aggressively towards the animal. If the other party can prove that you are at least partially liable for the bite, then your ability to receive damages may be compromised.
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