• How Long Does It Take To Remove A Trustee?

    Steps for Removal of Trustee in Tracy, CA

    Common Reasons for Changing or Revoking a Trust

    Trusts can figure prominently in estate planning. Living trusts are established when an individual makes plans for his or her estate and are controlled by the person who established until the time of his or her death. A trust can also be established in a will for the beneficiaries by the deceased. Some trusts are easy to change, while others can be difficult, depending on the circumstances under which it was established. Any time you want to create, change, or revoke a trust, it is important to seek the help of an estate-planning attorney in Tracy to make the process easier and ensure you adhere to the complicated requirements under the law.

    Reasons for Changing a Trust
    Changing a trust, or modifying it, for any reason is relatively simply if it is revocable. Your lawyer can help you write an amendment to the trust that is attached to the original document. This kind of modification is ideal for minor adjustments in terms that don’t dramatically alter the trust, such as tweaks that provide inheritance tax or adding a beneficiary. For major modifications, revoking the trust may be easier than attaching a number of amendment. Irrevocable trusts are more difficult to modify. The consent of all beneficiaries is required, regardless of the reason, and your lawyer must demonstrate to the court that there is a legally valid cause for amending the trust. Either the person who established the trust or his or her beneficiaries can request the modifications. Generally, these modifications are requested for tax savings or to change beneficiaries.

    Reasons for Revoking a Trust
    Revocable trusts are dissolved for a number of different reasons. Divorce commonly triggers the dissolution of a trust that was created jointly. Changes in financial situations, beneficiaries, property ownership, and company ownership can also lead people to revoke trusts to change the way they are managing their assets. In some cases, a trust is revoked and rewritten by a will lawyer when several modifications are required at one time. Fortunately, a lawyer can help you determine when to modify a trust and when to revoke it.

    When Can a Trustee Be Removed?

    Trusts can be crucial to your family’s future, so in some cases, it may be necessary to remove a trustee from his or her management position. If you suspect that a trustee should be removed, then consult with your lawyer. There are some very specific circumstances in which a trustee should be removed, so talk to your attorney in Tracy or Livermore if you suspect that any of these issues are occurring.

    Neglecting Assets
    Part of being a trustee is ensuring that the assets in a trust are managed appropriately. To do so, the trustee must not use the assets in a way that devalues them or waste them. In some cases, a trustee may be inattentive, causing the value of the assets to fall, or in other cases, the trustee may be incompetent and devalue the trust through improper management. In either of these cases, removing the trustee from the case may be warranted to protect the future of the trust. Your lawyer can evaluate the actions of the trustee and decide if taking action to remove the trustee is appropriate.

    Not Complying with Terms
    Whenever a trust is established, there are specific terms associated with it that must be followed by the trustee who administers it. The trustee is legally bound to both adhere to the terms of the trust and act in the interest of the beneficiaries. If he or she violates these terms, then your lawyer may petition to have him or her removed as trustee on your behalf.

    Conflict with Beneficiaries
    A trustee should have a neutral feeling towards beneficiaries and should never engage in conflict with one or more members. These kinds of disagreements can interfere with the trustee’s ability to act in the best interest of all of the members of the trust and therefore compromise his or her ability to fulfill the duties of a trustee. Lawyers will frequently move to have a trustee removed if such a conflict arises.

  • Can you get compensation for a dog bite?

    Next Steps After Dog Bite Tracy, CA

    Dog Bite Injuries: Understanding Your Case Assessment

    Being the victim of a dog bite is frightening and can also trigger medical bills, emotional suffering, and permanent scars. If a dog bites you, you may need to contact a personal injury lawyer to seek compensation for your expenses and prolonged pain and suffering. When you visit a lawyer in Tracy or Livermore , the first step in determining if you should consider filing a lawsuit is a case assessment. Here is what you should expect.

    Assessment of the Circumstances
    Your lawyer will start by asking you to explain exactly what happened when you were bitten. Your story must demonstrate that you were bitten in an unprovoked attack and that the dog’s owner should have had a reasonable expectation that the dog could become violent. If you did anything to provoke the dog, even if you were playing a seemingly harmless game, then your ability to get compensation for your injuries could be diminished. In terms of the dog owner’s knowledge of his or her dog’s aggression, if the dog has bitten someone before, there is a reasonable expectation that the dog may become aggressive again. Sometimes, it is difficult to prove that a dog owner is negligent if the animal has never previously bitten anyone. Your lawyer will also want information about where and when the bite occurred, and if you were on private property, if you had permission to be there.

    Assessment of the Damages
    During your case assessment, your personal injury lawyer will also review your medical bills and any other costs you incurred as the result of the dog bite, such as lost wages for time missed at work. If you received permanent scars as the result of the bite, this prolonged impact of your injury may shape the kind of damages your injury lawyer seeks. Your lawyer may also seek punitive damages and damages for pain and suffering you experience as the result of the bite, such as the stress caused by a permanent scar or a new phobia about dogs that is affecting your life.

    Easy Ways to Document Dog Bite Injuries

    Litigation regarding dog bite injuries isn’t as common as auto accident claims. Because of this, not all personal injury lawyers have experience handling these cases. Since the damage from a dog attack can cause substantial, lasting consequences for your finances and health, it’s essential to work with a lawyer in Tracy or Livermore who does have experience in this area. Get in touch with an attorney as soon as possible to discuss how you can support your claim with documented evidence.

    Get medical help.
    A dog bite should always be considered a medical emergency, even if the bite wound doesn’t appear to be severe. Dog bites are notorious for transmitting infectious diseases, and the wound may be worse than it looks. Additionally, going to the ER or urgent care clinic immediately is an easy way to document your injuries and their cause. Remember to tell the nurse and the physician that your injuries were caused by someone else’s dog. Ask them to record that fact in your medical record.

    Call your local animal control agency.
    Get in touch with animal control officers right away to report the incident. Give them as much information as you can about the dog, the location of the attack, and who owns the dog, if you know this person. Ask how you can obtain a written copy of the incident report.

    Take pictures of your injuries.
    While waiting to be treated at the hospital, take lots of pictures of your wounds. Place a common object next to each wound to document its relative size. A quarter or credit card would work well.

    Keep track of your missed work days.
    If you expect to miss time at work, ask the ER doctor to write a note to that effect. Even if your employer doesn’t require a note, it will be helpful for your case. Keep track of each day you miss, the wages you would have earned, and whether any of your benefits were affected. Your injury lawyer needs copies of all of these documents and logs.

  • Jury Awards & Estate Taxable Settlements

    Minimizing Settlements in Tracy, CA

    Are Jury Awards and Settlements Taxable?

    If you have been awarded a settlement after a personal injury cases, you may wonder if you are now facing a large tax bill. Generally, you do not have to pay taxes on these kinds of settlements, but there are exceptions. Be sure to allow your personal injury attorney in Tracy help you understand your legal obligation to pay taxes on your winnings. This information will also help you understand the tax burden of legal settlements.

    Jury Awards and Estate Taxable Settlements

    Compensation for Injuries and Medical Expenses

    In most cases, if you are awarded compensation for physical or emotional injuries and medical expenses, you will not have to pay taxes on that money. This money is supposed to compensate you for your out-of-pocket expenses associated with the injury, so it is not considered to be income. This includes pain and suffering compensation, as long as it is included in a rule of compensatory or general damages. If you are awarded any compensation for pain and suffering as punitive damages, that money is usually taxed. Your attorney can help you understand the kind of damages you have received, or he or she may recommend that you consult with a tax expert.

    Compensation for Lost Property

    When you receive compensation for property that was lost or damaged in the course of the incident that led to your injury, this money is not usually taxable. For instance, if you receive money to compensate you for car repairs after an auto accident, you typically will not have to pay taxes on that money.

    Compensation for Lost Income

    Compensation for lost income can be a little more complex. Usually, this kind of compensation is taxed, because your income would have been taxed if you had earned it as normal. Often, lost income compensation is bundled in with other compensatory damages that are not taxed, so you will need to know exactly how much of your settlement or award is designed as lost income compensation so that you pay taxes appropriately on that amount.

    Minimizing Estate Taxes

    Minimizing taxes is an important part of estate planning . If you’re making plans for your estate in Tracy, be sure to work with an attorney in your area who is familiar with both the state and federal laws that will impact your estate administration.

    Watch this video to learn more about reducing estate taxes. Although federal estate tax only kicks in for a small portion of estates, states frequently have their own taxes that apply to smaller inheritances. Income taxes are also a factor in estate planning if you plan to pass tax-deferred accounts to your heirs. You can minimize these taxes by trying to spend as much as you can out of tax-deferred accounts while you are alive.

  • Charitable Giving Through Living Trust

    Before and After Death in Tracy, CA

    What are Irrevocable Living Trusts?

    Estate planning near Tracy and Livermore can involve much more than just a last will and testament. Your lawyer can also create a living trust for you, which helps you protect property and minimize the tax burden . A living trust is one that goes into effect during your lifetime, rather than only after your death. An irrevocable living trust is one that cannot be terminated. The majority of living trusts are revocable, which means that they can be terminated.

    You can hear more about irrevocable living trusts by watching this video. This expert discusses some of the common types of irrevocable living trusts, such as charitable trusts. Charitable trusts facilitate gifts to charity while reducing income and estate taxes. There are many other different types of trusts; you can consult a lawyer who specializes in estate planning to learn more.


    Common Questions About Charitable Giving After Death

    Charitable giving after death is a gracious way to make a difference with your legacy. There are multiple ways to structure your postmortem giving, and some of them can be advantageous to your other beneficiaries, if applicable. A lawyer located in Tracy or Manteca can counsel you as to the most beneficial way to structure your estate plan to maximize charitable donations.

    Can’t I just leave assets to a charity in my will?

    Absolutely, you can, but it may be more advantageous to structure your giving differently. For instance, if you have appreciated assets, you could transfer them to a charitable remainder trust. If you would like to give to multiple charities, it may be best to create a private foundation. The manager of the foundation will make individual grants to various charities, individuals, or scholarships. One of the benefits of using an alternative means of distributing your assets, other than your will, is that your surviving family members can contest your will. If you’ve decided to disinherit your family, there may be an increased risk of a contested will.

    Can charitable giving reduce my estate taxes?

    Yes, if it’s done properly. Your estate planning attorney may recommend leaving your retirement assets to charities. These assets tend to be taxed the most after death. Structuring your giving so that your retirement assets are directly transferred to the charity will give your estate a federal estate tax charitable deduction. This lessens estate taxes for your beneficiaries. Plus, the charity won’t be required to pay taxes on your gift.

    Can I donate my life insurance benefits to a charity?

    Yes, you can. This is one of the simplest methods of charitable giving after death, and surviving family members cannot contest the transfer of assets. The money is paid directly to the charity, bypassing probate. However, there may be a better way to give your life insurance policy to your favorite cause. Look for a life insurance carrier with optional charitable giving riders. You can attach the rider to your policy, and after you die, the rider increases the face value of the benefits. Usually, attaching a rider doesn’t increase fees or premiums, although there may be maximum thresholds on the total gift amount.