Petrov Law Firm Tag

California Laws Dealing with Injuries to Children on Private Property

If your children are more active in the community during the summertime, it is important to teach them about the dangers of wandering onto someone else’s property without permission. The best way to deal with injuries is to avoid them in the first place. However, if your child has been injured on another person’s property, here are a few things you need to know.

Laws Dealing with Negligence that Apply to Children

Some California laws have changed regarding liability when it comes to trespassers. In the past, California laws about trespassers who suffer injuries didn’t apply to children, especially if the court deemed that the situation that the child was drawn toward as something particularly attractive to children (a friendly looking pet, a pool with no fence, etc.).

Those laws were done away with many years ago. However, landowners are still expected to foresee potential dangers, even one’s that may affect a person with no business being on their property. The courts apply this even more so when a child is involved. As a result, injuries on private property are handled on a case by case basis.

Getting Help in a Personal Injury Case

That means it more important than ever to have an experienced personal injury attorney on your side when dealing with such situations. The compassionate attorneys at Petrov Law Firm hate to hear about any child suffering from an injury, and we are happy to help families seek the compensation they deserve. To learn more, please call 619-344-0360.

3 Things to Consider While Driving During the Summer

The summer months are some of the most dangerous for drivers. What do you need to know so that you can keep yourself and your family safe? Here are 3 things to think about when getting behind the wheel during the sunny summer months.

#1 Vacationing Drivers

You can’t expect drivers during the summer months to know where they are going. That vacationing driver doesn’t know the usual traffic patterns and may not even be familiar with all of the local driving laws.

#2 High School Drivers

One of the reasons that accidents spike during the summer months is that teens who are off from school are on the road a lot more. You have to be aware of inexperienced drivers who may be paying more attention to their passengers or a smartphone than the road.

#3 Road Construction

Workers take advantage of the dry summer months to get additional road projects done. That means you may run into more construction than usual on your daily travels or summer road trips. Keep an eye out for rapidly changing traffic patterns.

Car Accident Injury Attorneys

If you have been injured in a car accident, the personal injury attorneys at Petrov Law Firm can help you to deal with insurance companies and at-fault drivers. You may be eligible to receive a settlement to compensate you for medical bills, pain and suffering, and lost wages. To learn more, call 619-344-0360 before accepting any kind of settlement.

Reasons to Avoid a Holographic Will

What is a holographic will? It refers to a last will and testament that is handwritten and signed by the testator ( the person whose will it is). California happens to be one of the states that allow this type of will. However, that doesn’t necessarily make it a good option. What are some reasons to avoid a handwritten will?

• It is easy to challenge the will – Proving that the handwriting on the will matches other handwriting samples from the testator is only a matter of time, but there are plenty of ways to prevent an inheritance from being tied up for months or perhaps longer, so why make things more difficult for heirs?
• Witnesses to the signing are optional – Because the document being in the testator’s own handwriting is legally binding, the witnesses who would normally attest to a typed document are often skipped. However, having witness signatures on a will is an extra way to prevent confusion as to the legitimacy of the document.
• Handwritten wills are often prepared incorrectly – This can occur with a typed will too if it is not checked by an estate planning attorney. The best way to deal with this situation is to have a professional draft the document to meet your expressed desires. Then you know your wishes will be carried out in a timely manner.

Help in Drafting a Will or Creating a Trust

The estate planning attorneys at Petrov Law Firm are happy to help our clients develop legal documents that ensure your wishes will be carried out for asset distribution, funeral arrangements, and other necessary matters. To learn more, give us a call at 619-344-0360.

Charity Is Nice, But It Requires Good Estate Planning

Charitable planning is a wonderful part of estate planning that can allow a person to pass on a legacy of benefit to those in need. However, failing to plan properly for this giving can lead to legal issues for both the charities you intend to help and your family members whom you may intend to leave the bulk of your estate to. Here’s an example of the messy situations that may arise.

Charity Sues Trust Over Use of Funds

An issue arose for a man who executed his estate planning all the way back in 1967. A trust was formed that gave the man’s grandson a $100/month payout for as long as he lived. There was also a stipulation that would allow the trust to provide the grandson with additional funds for special situations like medical bills, accidents, and other cases of “dire need.”

The grandson dipped into the trust for such a case of “dire need” in 2009 when he went through a divorce. The trustee approved more than $160,000 in disbursements. So far everything seemed to be working as intended, but there was one catch.

Several charities were to share what was left in the trust when the grandson eventually died. These charities had already been waiting for 50 years, and one in particular was not happy that $160,000 was going on a divorce, disagreeing with it being a case of need that the trust should pay for. The case has bounced between state and federal courts and was back in a California court as of January 2017. No doubt this was not the way the man who left behind the estate wanted things to go, with more and more of the trust’s money ending up going to lawyers and court fees.

Protect Your Trust with Good Estate Planning

By planning one’s estate carefully, it is possible to provide for descendants and also for charities to benefit fully from assets without a legal battle. Petrov Law Firm specializes in estate planning, and our attorneys can help you to plan effectively for various situations that may arise in the future. Call 619-344-0360 to get started.

The Importance of Earnings Documentation in Personal Injury Cases

Whether a person can no longer work due to injuries or the situation is that of a wrongful death case, one of the primary considerations in determining damages would be the potential future earnings lost. However, proving lost wages requires the right documentation. Here are some things you should know.

Documents that Prove Lost Earnings

The right documents can make determining an amount of lost wages a much easier process. For example, some paperwork that could prove a person’s earnings include:

• Income Taxes
• Pay Stubs
• Direct Deposit Transactions
• Business Receipts

These documents help to put an exact figure on what a person earned in the past and could expect to earn in the future.

Factors that May Affect Loss of Earnings Settlements

The biggest no-no, in this case, would be getting paid off the books. If someone took payments in cash and never reported them or paid taxes on them, a judge may eliminate the value of lost earnings as part of the case. Other issues may arise if a person was self-employed. He may have made $100,000 a year in revenue, but if $30,000 in business expenses meant he only paid taxes on $70,000 a year, that smaller figure would be used to determine earnings.

Setting the Right Figure in Loss of Wages Settlements

Whether you are facing a personal injury case of a wrongful death case that is costing your family future income, the compassionate lawyers at Petrov Law Firm can help you to provide the right documentation to establish wages and maximize the amount you are entitled to. Money can’t replace your loss, but it can help ensure that financial issues don’t compound your grief. Call 619-344-0360 to discuss your situation with one of our experienced attorneys.

The Estate Planning Conversation Every Family Needs to Have

If you are putting off a conversation with your family about estate planning because the topic is tough to deal with, now is the time to get everyone together. The fact is that as difficult as the conversation may be to have, you need to have it while everyone is calm and has their wits about them. During an emergency medical situation or when cognitive problems start to set in are not the right times for serious talk about the future. Here are a few things you should know.

Why You Need to Have an Estate Planning Discussion

Discussing things as a family does not take away your right to determine what will happen to you or your estate. It simply helps you to convey to your family why your estate plan is being set up as it is, and it allows your family members to voice opinions or ideas you may not have thought of. What should the discussion include?

• Distribution of Assets – Discussing who will get what can curb hurt feelings over what your will or trust will later
• End of Life Decisions – If you don’t want your life prolonged on machines, now is the time to break the news to your family and to discuss who can handle the emotional responsibility of making the call if it comes to that.
• Funeral Arrangements – Now is the time to let your family know how you want your remains to be handled.
• Medical Wishes – If you become incapacitated either physically or mentally, now is the time to establish who will be in charge of making decisions for you and what you expect those decisions to be.

Meeting Your Estate Planning Needs in San Diego, California

By having this discussion, you can help absolve your family of any feelings of guilt when having to make tough calls and limit any hurt feelings that may be piled on top of grief at a later time. Petrov Law Firm can then help you to carry out the decisions you have made by sharing our valuable estate planning experience with you. To begin enacting your plans for the future, call 619-344-0360 today.

Is Owning Your Car Jointly Enough for Your Mate to Avoid Probate?

One estate planning method that many couples use to avoid probate is called joint tenancy. This means that the two of you own the property together. As a result, if one spouse dies, the other will automatically own the property outright and thereby avoid having to through the mate’s estate to get ownership. Does the same concept apply to cars?

Joint Tenancy of Cars in California

Joint tenancy should help a car pass to the right person automatically. However, it is vital to register the car properly in both names. This is highlighted by a case involving two friends who co-owned a vehicle. When one of the friends passed away, the other expected to get full ownership of the vehicle since both names were on the title. But the court ruled that the title did not create joint tenancy but merely tenancy in common. As a result, the surviving friend received 50% ownership only, and the other half went to the deceased’s trust.

Knowledgeable Estate Planning Advice in San Diego

Knowing how to properly register your vehicle as joint tenancy is important if you want the car to avoid probate and pass immediately to the co-owner, whether that be your mate, another family member, or a close friend. The estate planning lawyers at Petrov Law Firm can help you to make sure you have taken care of all the details that will ensure a smooth transition. To get started on your estate plan and get the accompanying advice that you need, just call 619-344-0360.

Watch Out for Water Hazards During Summertime

Summer makes people want to be outside having fun in the sun. That means more trips to the beach, local pools, or maybe even to a lake. However, there are a number of dangers that lurk in association with water recreation. Here are a few ways to keep you and your family safe.

Avoiding Common Water Injuries

Here are a few things you can do to stay safe and keep your fun activities from quickly becoming dangerous:

• Avoid water that isn’t properly treated – If you get some kind of parasite from pool water that hasn’t been cared for properly, the owner will likely be held responsible for medical expenses. However, if you are at some random lake or pond, it’s tough to know if the water is safe, and you will be swimming at your own risk.
• Use caution around power watercraft – Someone on a jet ski should be looking out for swimmers, but it is better to use caution and stay out of the line of watercraft than to get hurt, even if it’s not your fault.
• Watch out for shallow water – Diving into water that is too shallow can lead to serious injury and even death. Pools should be properly marked as to depth and whether diving is safe, but always check the water depth yourself first just to be certain.

If You or a Loved One Has Suffered a Water-Related Injury

There are many times that water injuries could have been avoided with proper caution. A failure to properly treat a pool can lead to serious medical conditions. An incorrectly marked pool can result in paralysis from diving into the shallow end. A boat may strike a swimmer due to the careless operation or because a person wasn’t properly licensed or trained.

The personal injury attorneys at Petrov Law Firm can help you to seek due compensation if an injury has resulted in medical bills, missed work, or mental suffering. To learn more, call 619-344-0360.

Personal Injury Suits: When to Settle

The fact is that the great majority of personal injury cases result in settlements, and that’s not a bad thing. However, there are times to settle and times to go to court. Plus, there are times when rejecting an initial settlement may lead to a better offer without the need for a court battle. Here are a few things you should know about settling personal injury cases out of court.

Situations Where You Shouldn’t Accept a Settlement

Here are a few times to avoid accepting a settlement or a when settlement may not be possible:

• The insurance company or lawyer won’t give you time to consult with your own attorney.
• The settlement amount seems too low.
• The statute of limitations requires a suit.

Getting the Settlement You Deserve

By acting within the appropriate amount of time and consulting with a personal injury attorney, you can help to ensure that you receive an adequate settlement. In the meantime, it is important to avoid signing anything or accepting compensation that would disqualify you from seeking further damages. You also need to contact the right attorney to receive compassionate assistance backed up by experience and expertise in personal injury cases.

The personal injury attorneys at Petrov Law Firm have the knowledge and experience to help you recognise a fair settlement offer. While it is always up to you to determine if you will accept an offer or not, our lawyers can help you to make an educated decision. To learn more and to schedule a consultation, call us today at 619-344-0360.

Your Living Trust – Has It Been Executed Properly?

A living trust is a great way to simplify matters for your heirs and avoid probate. Since assets that are a part of a trust are passed on differently than those in a will, your heirs may receive their inheritance faster and with fewer legal fees. The difference is in the way the trust is funded. Only a correctly implemented trust will save time and money and avoid lengthy court proceedings.

Why Executing the Trust Properly Is Vital

A 2012 case in El Dorado, California brought this topic to the fore. In the case, an older woman had executed a trust leaving her home to her daughter. Three years later, she changed her trust to make her son the heir but failed to change the deed on the house. Thus, the conflict was whether or not the house should be left to the son or daughter.

In the end, the son received the house due to California law allowing for the transfer of the property to the new trust. However, it took 5 years longer than it should have for the son to get the home. So it still drives home the point of properly executing a trust in order to avoid long legal battles.

Help in Executing Your Living Trust in Sand Diego, California

San Diego, California residents can trust the experienced attorneys at Petrov Law Firm to help execute your living trust properly. This will make for a smooth transition in the future when your heirs receive their inheritance. To learn more and to start planning for the future today, call 619-344-0360.