California Estate Planning Lawyer Blog

A San Jose estate planning attorney answers: What is Estate Law?

There are several areas of law within the term “estate law.” An estate is defined as all the assets or property that an individual owns. Estate law encompasses the areas of law that govern an individual’s property, including real estate and probate.

Is estate law an area of law that you just ignore and assume that everything will work out the way you would like it to? The answer is a resounding no. A little planning and foresight can save you thousands in taxes, administrative costs, court costs and attorneys’ fees. This is especially true when you consider what will happen to your estate after your death or the event of your incapacity. Estate Law is not an area you should ignore.

When is the right time to consider hiring an attorney to assist you with the area of estate law? Anytime that you are making significant changes in your personal life (such as a marriage, divorce, birth of a child) or are making large investment decisions (such as whether to buy a home or are making beneficiary designation decisions for life insurance).

If you have any questions regarding estate law in California, please contact us at 408.279.2288 or visit the Estate Planning Section of our website at www.sagarialaw.com. We are here to help and to give you peace of mind that your estate is and will be properly cared for. We look forward to hearing from you and assisting you with any and all estate planning needs.

Losing a loved one is one of the most heartbreaking experiences that a person can go through in life. Even as a person is grieving over their loss, however, he or she may still have to make sure that decedent's estate is settled. In a perfect world, the surviving loved one(s) tasked with settling an estate, or working with an executor to settle an estate, will be knowledge about a number of matters:

· Whether there is a will or a living trust
· The names (and account numbers) of the decedent’s banks and/or brokerage firms
· Whether the decedent had a safe deposit box
· Where the will and living trust documents are located

Here are some steps to take to help settle the estate after your loved one has died. If you are the executor, it will be your job to make sure that these matters are taken care of. Even if you are not the executor, you may want to take part in settling these affairs of estate:

· Locate and read the will.
· If you are not the executor of the estate, then contact the executor.
· Consider whether you need the help of an estate planning attorney to settle certain financial and personal affairs for your loved one.
· If there is a will, look into starting the probate process and make sure that the executor begins proceedings immediately.
· Account for your loved one’s assets—those that are listed in a will or trust and those that are not.
· Locate documents pertaining to your loved one’s assets, such as insurance policies, benefit information, retirement plans, etc.
· Notify the relevant government agencies, as well as banks, creditors, etc., of the death.
· File any life insurance claims.
· File the deceased’s last taxes.
· Open a checking account in the estate’s name.

Continue reading "Estate Planning Following A Loved One’s Death" »

Choosing the executor of one’s estate is an important and necessary task. The executor is the person who carries out a deceased person’s wishes. Responsibilities can be vast, and it is important to select someone that is trustworthy and capable of doing the job. Someone with business or investment experience is recommended.

Responsibilities of an Executor Include:
· Making funeral arrangements.
· Preparing a final tax return.
· Distributing assets to beneficiaries, as designated by a will or, if there is no will, by state law.
· Paying debts.
· Terminating leases and credit cards.
· Informing banks and government agencies of the death.
· Helping to resolve conflicts between surviving loved ones over the estate.
· Deciding whether or not probate proceedings are necessary.
· Filing a will—if there is one—in probate court.
· Establish an estate bank account.

Continue reading "Selecting The Right Executor For Your Estate " »

Although the estate planning messes left behind by famous celebrities are the ones that make the headlines, legal battles over the estates of noncelebrity decedents is not that uncommon.

A recent news article in the Detroit News offers a number ideas of matters to consider when you are planning your estate (Remember, however, that each person’s estate is unique. It is important that you speak with an estate planning lawyer about the particulars of your estate so that he or she can advise you, as well as help you select the best estate planning tools for your needs):

- If you decide to make a will or trust, make sure that you name all of your beneficiaries and are clear about who gets which of your assets.
- Remember to appoint an executor or trustee to manage and distribute your assets after you are gone. It is important that you choose an executor or a trustee that you know you can trust and who is capable of doing the job.

Continue reading "Sparing Surviving Loved Ones From An Estate Planning Nightmare" »

In California, San Francisco University’s School of Nursing was gifted $296,000 from the estate of William Tobias Jr. and his wife Jacquelyn Hawkins Tobias. This is the largest individual gift in the school’s history and the money will be used to create an endowed scholarship fund for graduate and undergraduate nursing students with an interest in cardiovascular nursing or oncology.

While William and Jacquelyn did not have a previous relationship with the University, both were aware of the shortage of nurses. Jacquelyn had died from cancer complications in 2003, and William experienced cardiovascular problems before also dying from cancer in 2005. He was treated by many nurses in the months before he passed away, and he heard of how some of them would like to earn an advanced degree but couldn’t afford the tuition. The bulk of the gift was therefore given to the hospitals where the couple were treated—San Francisco University and UC-San Francisco.

The late Mr. And Mrs. Tobias lived in San Bruno.

Planned Giving
Planned giving is an estate planning tool, and an estate planning attorney can help you draw up the necessary paperwork.

Continue reading "San Francisco University’s School Of Nursing Receives $296,000 From Couple’s Estate" »

Pet owners can now guarantee that their animal loved ones will always be cared for. The UC Davis School of Veterinary Medicine now offers a program, known as Tender Loving Care (TLC), that arranges pet adoptions, pet care monitoring, and a lifetime of veterinary services, including regular checkups and more intensive care. There is a $1,000 enrollment fee and a contribution of $30,000 for the lifetime care of one’s pet, including placement in a good home. The contribution for horses is $50,000.

Studies show that more than half of pet owners think of pets as members of the family, and up to 27% of individuals, when planning their estates, take their pets into consideration. Creating a pet trust, where a person entrusts a family member, organization, or friend to take care of the pet, and also leaves money in the animal’s name for the pet’s care, is becoming more common. Pets can even be left in the care of a few non-profit groups through bequests. Many people are also including their pets in their wills.

Estateplanningforpets.org says there are a number of steps a person may want to take when planning for the lifetime care of their pets, including:

1)Selecting a Caretaker
· Communicate your expectations and any special needs of the pet to the potential caretaker.
· Introduce the potential caretaker to you pet and allow them to spend a reasonable amount of time together.
· Decide and discuss with the potential caretaker whether or not, and to what extent, there will be reimbursement of expenses or other compensation.
· Ask whether the potential caretaker would like to serve.
· Take the necessary steps to make your pet and any necessary information or documents accessible to the caretaker.

Continue reading "UC Davis Veterinarian School Offers Estate Planning Option For Pets " »

Dawn and Norm Blinder, the parents of 7-Year-Old Debbie Blinder, recently recounted how—several years ago—they decided to donate their daughter’s organs after she was fatally injured in a car wreck. The decision saved the life of a 7-Year-Old California boy who received a heart transplant. Two women are also still alive today because they received Blinder’s kidneys.

Unless a person who wishes to donate their organs has explicitly stated their wishes or is a registered potential organ donor, it may end up being up to his or her family to make this decision for them. Also, a person who wishes to donate organs but has not given their consent may not have their wishes honored if their family is not aware of their decision. Organ donation is an estate planning matter.

Important Information for Families to Know about Organ Donation:
· Next to the potential organ donor, it is up to the family to make the final decision. They can make the request to have the organs donated and also refuse to donate them. The hospital must honor their wishes.

· Families do not have to pay any fees to have their loved one’s organs removed.

· Families are also not paid any fees for the organs.

Continue reading "Because of Parents' Decision To Donate Organs Of Their Fatally Injured 7-Year-Old Daughter, A 7-Year Old Boy Gets A Heart" »

On November 14, five people each received a kidney in what’s being called the first quintuple transplant surgery ever. 12 surgeons, 11 anesthesiologists, and 18 nurses took part in the transplant surgeries that took place in 6 operating rooms at the Johns Hopkins Comprehensive Transplant Center. Although, truth be told, Nearly 100 medical professionals were instrumental in making this complex series of transplants possible, including immunogeneticists, operating room nurses, nephrologists, transfusion medicine physicians, critical care doctors, nurse coordinators, technicians, social workers, psychologists, pharmacists, financial coordinators, and administrative support people.

Individually, the transplants wouldn't have worked. Four of the transplant candidates had willing donors who were not compatible matches. But by pulling off a five-way swap, five people gave their kidneys to 5 strangers, each pair a match. One of the donors was an altruistic donor—someone who offered to give her kidney away to anyone who needed it. Honore Rothstein, 48, says she was inspired to donate a kidney following the deaths of her daughter and husband.

The fifth recipient was pulled from the United Network for Organ Sharing (UNOS) organ recipient list. According to a Johns Hopkins official, 6,000 people on the national deceased donor list have a willing, but incompatible donor. The five recipients and five donors are all reportedly doing fine following their surgeries.

Organ donations are an estate planning matter. According to organdonor.gov, here are some frequently asked questions and answers about organ donations:

Continue reading "At Johns Hopkins Comprehensive Transplant Center, Five Organ Donors Help Pull Off The First “Domino Donor” Quintuple Transplant Surgery " »

The executors of the Estate of Joshua Goldberg are now offering $2 million reward for any information leading to the arrest of any person(s) involved in his death. Goldberg, a 23-year-old American, died suddenly at Bumrungrad International Hospital in Bangkok, Thailand last February. Foul play is suspected, and Royal Thai Police are investigating his death, which occurred in room 703 of the hospital. The hospital has refused to provide more information regarding the circumstances surrounding his death.

There have reportedly been inconsistencies in information given by the hospital to Goldberg’s family regarding the time and cause of death. Significantly, the hospital reported to World Access, the third party administrator for Blue Cross of California, that Joshua had died on the morning of 24 February 2006. However, their email correspondence was time stamped at 10.53 PM on the evening of 23 February 2006, Bangkok time. In other words, they reported the death several hours before they say it occurred. Goldberg was initiated posthumously as a Buddhist monk after his death.

It is up to the executor of a deceased person to settle all a person's affairs following that person’s death. According to Bankrate.com, responsibilities can include:

· Performing an inventory of the deceased's assets. This involves locating and making a record of everything the person owned, including investments.

Continue reading "Executors of Joshua Goldberg’s Estate Increase Reward To $2 Million For Information Leading To The Arrest Of People Involved In His Death" »

At a meeting with the Board of Supervisors last month, Public Guardian Dan Bruce reported that his clients that are 65 years of age or older are in need of more social services and adult protective services.

AB1363 is the Omnibus Conservatorship Law that was signed recently by Governor Arnold Schwarzenegger. The law creates new mandates for public guardians, such as:

· A 48-hour response time for new referrals.
· Obligating the public guardian to take on certain cases that would have previously been accepted or rejected at the public guardian’s discretion.
· Requiring all public guardians to be certified through the public guardian’s association.

Bruce says that more funding is necessary to implement these new initiatives.

The Role of the Public Guardian:
A public guardian is responsible for conducting a county's investigation into conservatorship matters. If appointed, the public guardian acts as conservator for those found by the Superior Court to be unable to properly care for themselves or their finances.

Continue reading "In California, Public Guardian Dan Bruce Says Aging Population Need More Adult Protective Services And Social Services" »

Kaiser Permanent officials say they knew that the names of dead patients had been left on a nationwide kidney donor list by their San Francisco transplant program. Officials are blaming a data-processing backlog for the error. The nationwide list determines which patient is eligible to receive the next kidney that is available for transplant and is maintained by the United Network for Organ Sharing.

Earlier this year, Kaiser announced that it was closing the San Francisco facility, which it had opened in 2004. In addition to keeping the names of the deceased patients on the recipient list, the facility is accused of delaying critical operations and losing track of patients. The San Francisco program was shut down last May, and 2300 transplant patients are in the process of being transferred to other hospitals.

California is asking Kaiser Permanente to pay $3 million to Donate Life California and $2 million to the California Department of Managed Health Care.

Organ donation is an estate planning matter. Each day, about 74 people receive organ transplants. However, 19 people die each day waiting for transplants that can’t take place because of the shortage of donated organs.

Continue reading "In California, Kaiser Permanente Says They Knew Dead Patients Names Were On Kidney Donor List " »

A woman whose business is to find heirs to unclaimed property or money has reunited a brother and sister after nearly half a century. Margaret Galasso had been looking for the heirs of Wilbur Robinson, Jr.’s Estate. The estate had nearly $65,000 in unclaimed money.

Mallory, an 81-year-old retired nurse and Richard Robinson, a 73-year-old former sheet-metal worker, had both thought the other was dead. In addition, their brother Wilbur had been advised by a Beverly Hills Attorney to declare both Richard and another brother legally dead so that the transfer on the deed of the family’s Lake Charles House could be transferred to Wilbur, his sister Elneda, and their brother Joseph.

The attorney, who became the trustee and executor of Wilbur’s estate was disbarred in 2000 for several incidents of misconduct. Also, Mallory Robinson and Galasso believe that the attorney might have taken up to $200,000 in property and money from Wilbur’s estate.

While reviewing Wilbur's estate, Galasso noticed that there was no evidence that either brother Walter was actually dead, and although she found Richard, she still does not know whether his brother Walter is really deceased.

When choosing the executor of your estate, it is important that you select someone whom you trust completely and who has the time to see to your affairs.

Continue reading "Years After Executor Of One Man’s Estate Convinces Him To Declare His Brother Legally Dead, Woman Who Tracks Down Heirs To Unclaimed Estates Finds This Brother Alive At Age 73" »

A Maricopa County Superior Court Judge in Arizona has awarded the ashes of Kirby Puckett to his children, Catherine, 16, and Kirby, Jr. 14. Meanwhile, Puckett friend and associate Brian Woods was removed as the executor of the baseball star’s estate.

The judge ruled that Woods had not been reasonable in considering the children’s “clear wishes and emotional needs and desires” by refusing to allow them to keep Puckett’s cremains at their home. Puckett did not leave explicit instructions about what to do with his ashes. California-based Sun Valley Group, Inc. will take over as executor.

Puckett’s fiancé, Jodi Olson, who had been living with the baseball star at the time of his death, expressed disappointment at not being able to receive a portion of the ashes. Olson is not a beneficiary in Puckett’s will, which was drafted 3 years ago. Woods had unsuccessfully tried, by power of attorney, to get $1 million transferred to Olson by power of attorney before Puckett’s death.

Puckett died on March 6 at the age of 46 from a massive stroke. His children are the primary beneficiaries of his estate believed to be worth at least $9 million.

An executor of an estate is the person named in a will of a person who has died to now handle their financial affairs.

Continue reading "California-based Sun Valley Group, Inc. Is Named Executor of Minneapolis Twins star Kirby Puckett’s Estate" »

In Calaveras County, 15-Year-Old Morgan Thomas saved the lives of three kids after she lost her own life during a horseback riding accident on her birthday earlier this month. Morgan is one of many Californians who have agreed to become organ donors in the event that their death allows them to give their organs away to save other people’s lives.

In California:
· There are more than 700,000 registered organ donors.
· 5,000 new donors sign up each week through the DMV.

The number of people waiting for organ transplants:
· In the U.S.: More than 92,000 people.
· In California: More than 19,000 residents.

Continue reading "15-Year-Old California Girl Donates Organs And Saves The Lives Of Three Children" »

The beneficiaries of New York Yankees Pitcher Cory Lidle might not be able to collect on a $1.5 million benefit following his death due to the cause of his death. Under his baseball union’s benefit plan, his beneficiaries are entitled to an accidental death benefit of $1.05 million and a $450,000 life insurance benefit except for if his death occurs in “any incident related to travel in an aircraft ... while acting in any capacity other than as a passenger."

Lidle and his flight instructor were killed last week when the four-seat Cirrus SR20 they were riding in hit a 52-story building on Manhattan's Upper East Side. It is not clear who had been driving the plane at the time of the crash. He is survived by his 6-year-old son Christopher and his wife Melanie.

Life insurance policies require that you name a beneficiary.

Continue reading "Beneficiaries Of New York Yankees Pitcher Who Died In Plane Crash Could Lose Out On $1.5 Million Benefit" »