Marissa Sirota Law, PLC

Estate Planning, Trust Administration and Probate in Yolo, Solano, Sacramento and surrounding counties

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Archives for January 2018

Living wills ease burden on loved ones

January 23, 2018 By Marissa Sirota

End-of-life care is essential for maintaining the dignity and respect of people during their final days. Living wills and health care powers of attorney play an important roll in ensuring that a person’s final wishes are truly upheld. Without these documents, California residents might not receive the care they envisioned.

Unlike wills used to distribute assets, living wills focus on medical care and interventions. If someone becomes incapacitated, cannot communicate their wishes or is otherwise unable to make health care decisions on their own behalf, their living will can provide guidance. These documents are especially important for those with strong feelings regarding certain medical interventions or life-sustaining care, although virtually everyone can benefit from outlining even basic care wishes.

A living will alone might not be sufficient. In most cases, a durable health care power of attorney is necessary to fully realize a person’s wishes. This power of attorney gives a designated individual the power to make decisions both according to and outside of a living will. A financial power of attorney should also be included with these documents, which gives someone the ability to handle a person’s finances if they are incapacitated. Due to potential conflict of interests, it is a good idea to name separate individuals in these powers of attorney.

Most people in California focus on the “after” part of estate planning — after death. However, it usually falls on family members to seek medical care on another person’s behalf during their final days, which can be a tremendous burden to bear without any guidance. Living wills and accompanying powers of attorney help round out estate plans and provide clear and concise instructions regarding a person’s final wishes.

Source: FindLaw, “The Power of Attorney, Living Will and Your Healthcare“, Accessed on Jan. 21, 2018

Filed Under: Estate Planning, Uncategorized

Make a plan for handling duties after a loved one’s death

January 22, 2018 By Marissa Sirota

The death of a loved one leads to raw emotions. For the loved ones left behind, the days and weeks after the loss are likely going to be a flurry of activity that can be difficult to get through.

Making a plan for the tasks that you need to complete during this time can help you to feel less stressed and more in control. Here are a few points that you need to think about:

What are the funeral or memorial plans?

One of the most pressing matters when a loved one passes away is what type of funeral or memorial service h or she will have. These plans usually need to come together fairly quickly. You must decide if the person will be cremated or not, as well as where burial will happen.

You also have to write out the obituary or have the funeral director do this. It can be a challenge to get this all done, but hopefully you will be able to get help for taking care of these tasks.

Is there an estate plan?

Handling the final affairs for a person who has an estate plan is usually easier than taking care of someone’s estate who died without a will. If there is an estate plan, you will need to get this filed with the court in the appropriate manner. The estate plan is a road map for what the person wanted to happen.

An estate plan will outline who the decedent wanted as recipients for specific assets. There might be a will and trusts included in the estate plan, so make sure that all of this is handled in the proper manner.

Who is the personal representative?

The personal representative or administrator is the person who will oversee the estate. This person is required to try to find assets, follow the estate plan, and notify people who have an interest in the estate. Beneficiaries, heirs and creditors are some of the parties to notify.

What assets and debts need to be handled?

Assets and debts must be taken care of in accordance with state law. Learning what to take care of can be a challenge so it is best to work with someone who has handled these matters before. One thing to remember is that heirs aren’t usually responsible for debts. These must be paid by the estate if possible. There is a certain order that you need to follow when you are paying an estate’s debts.

There are sometimes challenges that come up when you are taking care of these matters after a person dies. Meeting these head on might prove difficult because of the emotions that arise after a loved one dies.

Filed Under: Blog, Uncategorized

Creating a legacy through estate planning

January 18, 2018 By Marissa Sirota

Discussing end of life matters can be uncomfortable for everyone involved. However, failing to deal with and address that discomfort can lead to a serious problem — no legacy to leave behind. Tackling this difficult topic and delving into estate planning can ensure that a person’s final wishes are respected, and one’s legacy preserved.

Leaving behind the right legacy is important, especially for those in California who are charitable-minded. These individuals can use wills and trusts to carry on charitable giving and donations even after their death. This important aspect of estate planning is often overlooked, and many people who make regular charitable donations forget to include it in their estate or wrongly assume that their loved ones will carry on the tradition.

Legacy can also involve how people remember you. For some, this includes their final days of life. No estate plan is complete without an advanced health care directive —  also called a living will — which outlines a person’s wishes regarding medical care and interventions. A health care power of attorney should also be included, which will give another person the legal right to make those decisions on the maker’s behalf, in specified circumstances.

Estate planning is more than just dictating how much inheritance children should get. California residents can use their estate plans to create an ongoing legacy that reflects their values and what was most important to them during their lives. It is important to consider what role charitable giving, health care directives and other planning documents can contribute to a comprehensive estate plan.

Source: investopedia.com, “Leaving a Legacy: Why You Need An Estate Plan“, Kay Kramer, Jan. 5, 2018

Filed Under: Estate Planning, Uncategorized

Trustees can still care for your pet after you are gone

January 9, 2018 By Marissa Sirota

Pets hold special places in the hearts of their owners, with many becoming more and more like family members over the years. For older pet owners, their pets might be their primary companions. In California, many owners want their pets to continue thriving even in the event of their own passing. By including their beloved pets in their estate plan, owners can give trustees the ability and means to continue providing necessary pet care.

Trusts are common features of estate plans, but their use for pets is perhaps not as well-known. Like with other trusts, a pet trust will contain property — usually in the form of money — which will be managed by a trustee. The trustee will then use the money for the pet’s needs, although he or she may not necessarily be the person designated to provide physical care for the dog,

While the financial portion of pet trusts are extremely important, owners can also provide other valuable instructions. Veterinarian records, relevant medical history, dietary needs or likes and even a pet’s favorite toys or walking trails might all be included within a trust. This information can be invaluable for maintaining a pet’s health in the period following their owner’s death.

Four-legged friends provide love and dedication to their families, and California owners can do more than give a belly rub to repay this kindness. Pet trusts are effective estate planning tools to ensure that beloved pets are cared for even if their owner outlives them. By providing enough money for future expenses, naming responsible trustees and including all relevant information, owners can be sure their animals will continue to be loved and cared for.

Source: aspca.org, “Pet Trust Primer“, Accessed on Jan. 7, 2018

Filed Under: Trust Administration, Uncategorized

Wills need regular updates to be effective

January 2, 2018 By Marissa Sirota

The start of a new year means different things to many people. For some in California it is a time to forge ahead with different goals, while others find it a time of peace and reflection. No matter how you ring in the start of another year, it is usually a good idea for people to carefully consider the contents of their estate plans and whether any updates to their wills are required. Failing to regularly update estate plans can cause considerable amounts of grief for loved ones.

When reviewing a will for possible areas of attention, many overlook beneficiary designations. A will might dictate that Person A should receive life insurance benefits in the event of the policy owner’s death, but if the policy’s designated beneficiary lists Person B, this trumps the will. This is the same for retirement plans and insurance policies that pay out to a beneficiary upon a person’s death. Estate planners should be vigorous when updating their plans, and change any listed beneficiaries on their accounts as necessary.

It is also smart to reconsider the named executor, heirs and other beneficiaries of any given estate. Decisions made years ago might have been appropriate for the time, but no longer reflect current situations. A named executor might have once been a trusted friend that an individual has since had a falling out with, or an heir might have passed away. These issues can be fixed quickly enough, but if not, can cause serious issues during probate.

An annual review of estate plans is usually well-advised for most people in California. A thorough check of wills, trusts and other important documents can prevent wrong designations or incomplete documents from hampering estate plans and their creator’s intentions. Otherwise, families might have to deal with the consequences during lengthy probate proceedings that can use up valuable resources.

Source: wmur.com, “Money Matters: Estate planning mistakes“, Marc Hebert, Dec. 28, 2017

Filed Under: Estate Planning, Uncategorized

Marissa Sirota, Attorney

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    • • Do I Need A Will Or A Trust?
    • • Understanding Advance Health Care Directives
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    • • Probate Alternatives
    • • Is Probate Necessary?
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