Will Your Estate Planning Documents Hold Up When You Pass?

The best way to ensure the answer to this question is a resounding “Yes!” is to hire experienced estate planning attorneys at Tresp Law, APC. Estate planning is an ever-changing legal landscape, and the applicability of these laws to your individual situation depends on a multitude of factors. The professionals at Tresp Law are here to help you navigate this often-impenetrable terrain.

 Here are some of the most common estate planning pitfalls that our team at Tresp Law, APC can help you avoid:

• Not creating an estate plan at all.

  We get it! Nobody likes thinking about this kind of thing. We don’t want to contemplate illness or an untimely death. We think we’ll have plenty of time, we’ll handle it “later.” But how does the old saying go? Hope for the best, plan for the worst. Do your loved ones a favor and make sure they are well provided for, both financially, and by ensuring that that probate or trust administration process is as smooth and painless as possible.

• Not updating your estate planning documents after major life changes.

  Marriage, children, divorce, your children becoming adults, moving to a different state – make sure your estate is up to date!

• Not making arrangements for the future of your minor children.

  So you have your financial affairs in order, but what happens to your minor children if you and your spouse are gone? Once again, this is not something anyone ever wants to envision. And it feels like an impossible choice – no one will ever be the perfect fit to replace you. But back to grandma’s wise words – better to be safe than sorry. This counts for fur-babies too!

• Not having a power of attorney, advanced health care directives, release of confidential medical records, etc.

  Not only do we need to plan for death, we also need to plan for incapacity. These documents will allow your loved ones to get around HIPAA and manage your affairs with minimal headache should you no longer be able to do so.

• Trying to “DIY”.

  Attempting to avoid all of the potential pitfalls above and many more without professional help is a risky endeavor. Instead, let us help you!

The moral of the story is, call Tresp Law,  APC today at (858) 248-2779 to assure your estate planning documents will hold up.

Signs of Elder Abuse

In the state of California, the Legislature recognizes that elder adults may be subject to abuse, neglect, abandonment, and that the state has a responsibility to protect them. For this purpose, an elder is defined as someone aged 65 or older. Elder abuse can be both criminal and civil under California law. Under civil law, elder abuse is defined as neglect, financial or physical abuse, abandonment, isolation, abduction, or other treatment that results in harm, pain, or mental suffering to an elder. Elder abuse can also be the deprivation by a care custodian of goods or services necessary to avoid physical harm or mental suffering. Undue influence is also a form of elder abuse. Each form of elder abuse can be further described by a host of factors and circumstances. In the criminal context, elder abuse occurs when a person is aware that the victim is an elder and inflicts physical pain or mental suffering on the elder. Criminal elder abuse also occurs when a person willfully or knowingly causes or permits an elder to be placed in a situation that endangers their health. 

There are many ways to recognize a situation where elder abuse may be occurring, some of which may be dependent upon the type of abuse experienced. When the elder may be suffering physical abuse or neglect, the following may be an indication of abuse: unexplained weight loss, bedsores, malnutrition, painful reactions when touched, bruises, skin abrasion, broken bones, or teeth. Signs of possible financial elder abuse could include strange banking or financial transactions, unexpected estate planning changes, money missing from accounts, or missing possessions. Indicators of abuse by a caregiver or family member may include the elder not being able to speak for themselves, social isolation or restriction from certain activities, or conflicting explanations of incidents, to name a few. Some elders may also experience or exude additional signs of elder abuse, including anger, confusion, defensiveness, depression, being withdrawn, fear to talk openly, and so forth. 

There are several persons that are mandated to report elder abuse, including any licensed staff of a public or private facility that provides services or care for elders, as well as any dependent adult caretaker, health practitioner, or employee of protective services agency. The list is quite extensive. Despite the list of specific, required reporters, anyone should report elder abuse when they know or suspect it to be occurring by contacting their local authorities.

If you have questions about potential elder abuse or fear that a loved one is suffering from it, we are here for you. Call Tresp Law, APC today at (858) 248-2779 to schedule a consultation and assure your family is in great hands.

Estate Planning for Blended Families

When blending a family, it can be difficult to decide how each new and existing member of the family will be taken care of. One major concern of blended families is how the surviving spouse will handle the estate when the first spouse passes. For example, the surviving spouse may choose to benefit his or her own children rather than the collective children of the blended family. Proper and considered estate planning for blended families ensures that each child, both biological and through marriage are protected. 

Two of the most significant challenges in creating an estate plan for a blended family is choosing a guardian for minor children and deciding on the ultimate division of assets.

One option for a blended family estate plan is what is known as an AB Trust. This is a form of revocable living trust where the surviving spouse will typically have the power to revoke or amend the Survivor’s trust (Trust A) to the potential benefit of his or her children and the detriment of the predeceased spouse’s children. However, the surviving spouse will have no power to revoke or amend the Bypass Trust (B Trust) as this becomes irrevocable upon the death of the first spouse. This provides some form of protection for the predeceased spouse’s children as the B trust cannot be amended to remove beneficiaries after death. 

While estate planning for blended families may add an additional layer of complexity, our firm is well-versed in meeting the planning needs of our clients. To guarantee that your wishes be carried out upon your passing, it is best to create a full estate plan with an experienced attorney. Call Tresp Law, APC today at (858) 248-2779 to schedule your consultation and begin planning for you and your family’s future.

Why Hire a Probate Attorney?

There are various reasons to hire a probate attorney given the confusion surrounding the probate process. A probate attorney can offer valuable advice and solutions from initiation through closing. 

Probate is a court-supervised administration of an estate, typically done when someone passes away without a Trust and gross total assets valued over an amount certain. If the administration is not done correctly, the Executor or Administrator of the estate may be liable for a multitude of things. Without having extensive knowledge of the law, it can be extremely difficult for a person to understand the intricacies and duties involved. 

The probate process becomes much easier to navigate with the assistance of a probate attorney. Having a probate attorney may also help mitigate or prevent family conflict. Further, the help of a probate attorney may reduce the likelihood of accusations that the Executor or Administrator is mishandling the administration. 

Probate is a detail-oriented process, beginning with a multitude of forms that must be filed with the Probate Court. If the documents are completed incorrectly, you will experience a delay with the estate administration which may cause tension between family members, other heirs and/or beneficiaries. With each potential rejection by the Court due to incorrect, inaccurate, or incomplete forms comes more confusion and frustration for all parties involved. However, a probate lawyer will assist with drafting and filing these documents to ensure accuracy and streamline the process as much as possible.

Additionally, not only are distributions to be made to heirs or beneficiaries of the deceased, but all valid creditors who comply with the creditor claims process need to be assessed as well. With the complexity that may arise with financial situations, a probate attorney will ensure everything is handled correctly to eliminate the Executor’s or Administrator’s personal liability for the debts. 

Having a probate lawyer will ensure everything is being handled correctly throughout the administration. Save yourself the worries about the unknown and allow our attorneys to assist you in administering the estate of your loved one. Call Tresp Law, APC today at (858) 248-2779 to schedule your consultation or email us here.