Bakersfield Law Blog

Thinking about your future means much more than considering what job you want, where you want to live, how many children you will have, where you want to go on vacation and when you will retire. While the information collected from these questions can be helpful when taking steps to protect your future, and estate plan requires an individual to look much deeper at the details of his or her life. Although many residents in California and other states associate estate planning with elderly people, this is a misconception. Additionally, a person does not need to be wealthy to enjoy the benefits of an estate plan.

Regardless of a person's age or income, when it comes to estate planning, there is one very important step that everyone should take. Whether your wills, trusts and other estate planning documents were drafted a year ago or decades ago, it is important to continually check on your beneficiary designations. This includes accounts such as life insurance policies, back accounts, brokerage firm accounts, retirement accounts and other similar accounts.

The legal realities of being a landlord in California can be difficult to handle. Often, those who are trying to move forward with an eviction of a tenant who has violated the lease will be cast as the villain. However, landlords have certain rights if there was a violation and the tenant can be evicted if it is legally justified to do so. Of course, any landlord-tenant dispute must be based on the law. A landlord should have legal advice before pursuing an eviction.

A woman who installed a security system in her apartment received a notice that she had to remove it. Since there have been numerous reported burglaries across the state recently, she sought an extra layer of protection for her family and refused. She has lived at the residence for eight years, but her lease says that she is not allowed to alter the property. She sent a letter requesting that the security device be allowed to stay. She was told that she had to remove the device and fix the wall by the middle of June or she will face eviction. She is complaining that there are unlocked gates at the complex and she is concerned about safety issues.

For many California residents, preparing an estate plan can feel like a daunting task. It is understandable. There are a lot of things to consider -- such as what estate planning documents are actually necessary -- and figuring it all out can be overwhelming.

The good thing about estate plans is that they are completely customizable to your needs. Yes, there are standard forms, but an attorney can help you make them truly yours. It is all about what you put in them and how you write them. So, what estate planning documents should one consider?

People young and old, rich and poor and anywhere in between in California often fail to move forward with organized will planning. Admittedly, it is a difficult issue to come to grips with. Mortality can be hard to accept. However, it can be costly and problematic for loved ones to avoid having an estate plan. Wills are an essential part of that and can head off family disputes over property after a person has died. Understanding what happens if a person dies without a will can be useful to deciding whether to craft one or not.

Dying without a will is also referred to as "intestate." When this happens, the state law will decide on the estate's beneficiaries. There is a prevailing belief among laypeople that assets will go to the state if there is no will. That is not the case. A person who is married and does not have a will means that all the community property assets go to the spouse. The spouse will also receive some of the separate property assets as well.