Estate Planning

Estate Plan Changes to Make After a Divorce

If you are presently going through or have recently been through a divorce, there are probably many things on your mind. However, you don’t want to let estate planning changes slip through the cracks. Here are a couple of important changes to make following a divorce.

• Beneficiary changes – There are some accounts that do not go through probate. For example, if your mate was listed as the beneficiary of your retirement account, life insurance policy, or a payable on death (POD) bank account, you need to change the beneficiary if you want someone other than your ex to get the money.
• Factor in children if you remarry – If you end up remarrying in the future, you don’t want any children from the first marriage to get left out. Therefore, you may need to add the children from your first marriage directly to the will or a trust. Otherwise, if you remarry and forget to adjust your estate plan, you may end up leaving everything to your second mate and their children rather than children you had with a previous mate.

Navigating Estate Planning Laws in San Diego, California

To help you get your estate planning just right so that your assets are left to the people you want to give them to, be sure to seek the assistance of the estate planning attorneys at Petrov Law Firm. Call 619-344-0360 today to schedule a consultation with one of our experienced California attorneys.

How to Use Bank Accounts to Avoid Probate Court

Probate court isn’t always a bad thing, but it can sometimes mean that your heirs will have to wait a while to get their inheritance. It can also be expensive since creditors may get their share and the courts will, of course, take a cut for fees. So how can you use your bank accounts to avoid probate? Here are a couple of ways.

• Payable on Death (POD) Accounts – If you make your bank account payable on death to a specific beneficiary, then you cut out the middleman and get your money directly to the heir. The only negative is that you will need to change the name of the beneficiary right away if you have a change of circumstances or just want someone else to get the money.
• Joint Savings or Checking Accounts – If someone else’s name is on your bank account with you, then they can continue to use the account as usual when you pass. The money is already theirs in the eyes of the bank anyway since the account is shared. This is an easy way to leave funds to someone who you trust not to take anything from you while you are alive.

California Estate Planning Attorneys

If you need help planning for your estate in the state of California, the experienced attorneys at Petrov Law Firm can help. To schedule a consultation, give our San Diego office a call today at 619-344-0360. We look forward to helping you plan ahead for the future of your family.

Does California Have Restrictions on Naming Beneficiaries?

When you are planning for your estate, the people who come to mind are likely your relatives, and perhaps a charity that is dear to your heart. However, you may not have any close relatives, or at least not anyone you feel close to. What can you do then? Does California force you to leave your estate to blood relatives?

State Laws in Regard to Naming Beneficiaries

This question comes up because of certain European nations which have laws forcing heirship. In the US, such laws don’t exist on the federal level, and California has not done much to impose its own will on whom you may choose to name as an heir. There is only one primary exception.

When a couple holds an asset as a community property (e.g., you each own 50% of your home), you can only dictate who receives your portion of the asset, not the entire asset.

Can I Make My Beneficiary a Random Person?

Sure. While this is a rather unorthodox way to pass on your estate, you could technically look in the phone book and select names at random to place in your will. The main issue will come when your executor is trying to get in touch with these individuals. They may pass away before you, or they may have moved without you knowing, or they could potentially refuse to speak with the executor thinking the call is some kind of scam.

California Estate Planning Law Experts

Whether you want to pass on your inheritance to your closest blood relative, a charity, or even just a good friend, Petrov Law Firm can help. Contact our estate planning attorneys today at 619-344-0360 to schedule a consultation.

3 Times You May Want a Trust to Be a Life Insurance Beneficiary

At Petrov Law Firm, we see each of our clients as an individual. As a result, we help you to determine what is best of you and your beneficiaries. For some families, leaving a life insurance policy to a trust as a beneficiary is a good idea. Here are a few situations where this method works well:

• Your beneficiaries are minor children – If your kids are under 18, they won’t get your life insurance policy until they come of age anyway. Having the money go directly into a trust can allow a trustee to dispense some money to the children as needed such as for new outfits at the beginning of the school year.
• You want to avoid executor and court fees – If your estate ends up in probate court for any significant amount of time, a good portion of the assets can go toward court fees and executor expenses before your family sees any of it.
• You are concerned about the simultaneous death of yourself and your beneficiary – Let’s say the person you were going to name as your life insurance policy beneficiary is someone who is always traveling with you. What happens if you die together in some sort of travel-related accident? Having the money go into a trust is a good way to ensure it passes on to your other family members.

Personalized Estate Planning in San Diego, California

Let our professional estate planning attorneys help you to determine what methods will meet your family’s needs. Call 619-344-0360 to schedule a consultation today.

What to Do After a Dog Bite in California

In the US, there are about 90 million dogs in peoples’ homes as pets. So with that many dogs around people all of the time, you may not be surprised to find out that there are about 4.5 million dog bites each year. While most people do not require medical attention following a bite, about 1 in 5 will.

If you are bitten by a dog, here is a quick guide to getting the proper help:

1. Acquire contact info from the owner. If you cannot verify that the dog has received the proper vaccinations, you will require rabies inoculation.
2. Use soap and water to clean the bite area thoroughly. This will help to prevent an infection from occurring.
3. If a serious injury has occurred and you cannot care for your own injuries or reach a medical facility on your own, call 911. For less serious injuries, you may call your doctor and ask for advice on whether a trip to the ER is needed.
4. Contact the veterinarian who treats the dog directly. Don’t take the owner’s word for it that the pet is up to date on immunizations.
5. Keep track of any medical bills you accrue or work you may have missed due to the injury and bring this information with you to your personal injury lawyer.

Dog Bite Attorney in San Diego, California

The attorneys at Petrov Law Firm are experts in the law when it comes to injuries due to dog attacks. If you have been injured by a dog bite, contact us today at 619-344-0360 to schedule a consultation.

The Best Ways to Leave a Gift Via Trust

If you give a gift to a family member or friend that exceeds a specific value, it can be taxed. Because of this, some people decide to leave gifts in the form of a trust. It allows you to leave much more money to a person without a portion of it going to the government. Here are some of the best ways to leave a gift via trust to your loved ones.

• IDGT – The intentionally defective grantor trust is used to leave the family business to another household member, and it protects the beneficiary from the company’s creditors.
• QPRT – A qualified personal residence trust is a great way to transfer a house to your family when you don’t want them to pay the full market value. Your family will receive asset protection as well as tax benefits.
• CRT – A charitable remainder trust is for when you want to leave the gift to a charity rather than an individual. It also provides tax benefits to your estate.
• Gift trust – A gift trust with annual exclusions allows you to give family members the maximum exempt amount per year with the rest going into a trust that will be dispensed later. While the family doesn’t get access to all the funds immediately, they also don’t have to pay half of it in taxes.

Generous Estate Planning Options in Southern California

For more generous estate planning options in southern California, contact the estate planning experts at Petrov Law Firm by calling 619-344-0360. Our experienced attorneys can help you leave assets to your heirs with the minimal tax burden, so your family enjoys your assets rather than the government.

The Couple’s Quick Guide to Estate Planning

When it comes to couples, you have estate planning options that are unique to your legal relationship. Here are some things that a couple should know about when planning a future together.

• A/B Trusts – While rare, this is a type of tax shelter that you may want to take advantage of if you have a huge estate. Most estates will not need something of this nature due to the current estate tax laws.
• Marital Disclaimer Trust – This is for couples who want to give the surviving mate a Bypass Trust option. Don’t try to set up this kind of trust on your own. You will want the help of an estate planning attorney to ensure this is the best option for you financially.
• Survivor’s Trust – This is a simple way to leave your mate everything that you own. Just remember that if the survivor remarries, it may affect whether your kids get anything in the future when the survivor eventually passes away.
• Survivor’s Trust w/ QTIP – Qualified terminable interest property (QTIP) can be of benefit if you are dealing with a smaller estate or have a blended family. The surviving spouse receives the maximum asset distribution, but you also get the best deductions while you are both alive.

Estate Planning for Couples in San Diego, CA

If you live in San Diego or the surrounding areas, Petrov Law Firm is your source for Southern California’s top estate planning attorneys. To get your estate plan started, give us a call today at 619-344-0360 and schedule a consultation.

Why Writing Your Own Will Is Risky Business

It is important to make advance decisions regarding your estate and your beneficiaries. However, it is advisable to have the assistance of an estate planning attorney. What are some of the risks of trying to write a will on your own?

• Estate taxes – While current estate tax laws allow for quite a large estate to pass on to heirs tax-free, you want to be sure that you keep up to date with current estate tax legislation so that most of your money doesn’t end up going to the government instead of your family.
• Missed details – It doesn’t matter how many times you double check your work if there is something you are unaware of that should be written in advance. Boilerplate wills that are available online don’t fit every situation, so you may be omitting important information.
• Legal loopholes – Every state is different when it comes to succession, so you want to be sure that you are working with an attorney who knows the legal language to use for the state that you presently live in.

California’s Premier Estate Planning Attorneys

If you live in the San Diego area, contact the Petrov Law Firm today to get the best legal help in planning your will, executing advance medical directives, setting up trusts, and more. Our assistance can allow you to have peace of mind, knowing that your wishes will be carried out. To get started on your estate plan, or to update an existing plan, call us today at 619-344-0360.

Medical Decisions Regarding End of Life

A patient has a great degree of latitude when it comes making end of life decisions. For example, you can choose whether or not the medical team will preserve your life using machines if your condition is fatal, irreversible, or if there is a medical degree of certainty that you will never regain consciousness. You also have decisions that involve weighing certain forms of treatment versus the risks and side effects.

The way that you make these decisions in advance is by executing an advance health care directive. In California, you can make medical decisions in advance by means of this document, and you can appoint a surrogate to give voice to your wishes if you are unconscious or otherwise incapacitated.

When you make these kinds of decisions in advance, it shows concern and love for your family, who would otherwise have to make these decisions without you and maybe amidst a great deal of disagreement. Executing an advance medical directive provides clear instructions, which benefits decision-makers and ensures that your personal wishes are carried out.

Preparing an Advance Medical Directive in California

Every state has its own laws regarding advance medical decisions, so you should enlist the help of an estate planning attorney to ensure your document is worded correctly. The estate planning attorneys at Petrov Law Firm can help you to execute an advance medical directive and other estate planning documents. Call our San Diego office today at 619-344-0360 to learn more.