Tag Archive for San Ramon Wills & Estate Attorney

I Was Arrested For A DUI In Napa. Is It Really A Big Deal?

When you are thinking about drinking and driving, you may be wondering what the consequences may be. The truth is that a DUI, whether there is any sort of injury or property damage at all, is considered a criminal offense. It might be a misdemeanor as opposed to a felony, but at the end of the day, it is still something that has very serious consequences. Think about the fact that bail for a DUI in Napa is set at 5000 dollars, and that is if no injuries happened. The state of California thinks of a DUI as a serious matter and you should to.

Depending on the situation, a DUI might carry time in jail, or it might result in the revocation of your driver’s license. In California, you have ten days to take action; otherwise your driver’s license will be automatically suspended. Think about your life and think about all the consequences that this alone might have in store for you. Too many people try to treat DUIs as simple things, and they are far from that. It takes a qualified San Ramon DUI attorney to understand the ins and outs of a case like this, and it is always going to be in your best interests to hire a professional. Find a good San Ramon DUI attorney to handle your case before you get in trouble.

If you are dealing with an arrest for a DUI, remember that it is in your best interests to avoid taking the breathalyzer test and the field sobriety test unless you are absolutely certain that you can pass them. Most experts recommend simply going to the police station to have your blood tested there. Remember that it is always in your best interest to say as little as possible.

When you are thinking about your life and what you a DUI conviction might do for you, you should be worried. Things will get much easier, however, if you have a legal professional on your side!

Do I Need To Assign Power Of Attorney?

Power of attorney is an arrangement that grants one person the legal authority to make decisions for someone else. Power of attorney may be granted for a single event, such as a court appearance; or may be specific to one aspect of a person?s life, such as health care decisions or financial matters. Durable power of attorney is granted by a person prior to becoming incapacitated by old age, mental disability or some other reason. Durable power of attorney remains in effect even if the grantor becomes mentally incapacitated. Power of attorney cannot be given by a person who is already mentally incapacitated. Power of attorney agreements are voided by the death of one of the parties, by verbal or written notice, or, except in cases of durable power of attorney, by the mental incapacity of one of the parties.

As people age, mental capacity can diminish or be lost altogether due to conditions such as Alzheimer?s. Because of this fact, many people prepare a power of attorney document as part of their estate planning. A san roman estate attorney can help clients with all aspects of estate planning, including determining whether a power of attorney arrangement will benefit you. Power of attorney is advantageous for people who own businesses or have large amounts of money or property; but even if you only have a small estate to manage, a power of attorney arrangement means that someone you trust will be in charge of your decision-making even if you lose the capacity to make decisions for yourself. Power of attorney documents should also be prepared any time you wish someone else to have legal authority to act on your behalf and are often executed by a person who is facing time in prison. A san roman estate attorney can answer your questions about power of attorney agreements and help arrange one for you.

Can I Be Disinherited In A Will In California?

The short answer to the question is ‘yes.’ A person can be disinherited from another person?s will if the deceased explicitly states in his or her will that the child or the spouse is not entitled to anything from the deceased?s estate. The long answer, of course, is more complicated.

Among the situations that can complicate a person being disinherited is having owned a residence with the deceased that gives the person the right of survivorship. This means that the person has the right to own the title to the residence. No probate is necessary for this to go into effect, and a person can only be disinherited in California after a will is probated. The lesson from this is if a testator really wants to disinherit another person from his or her will, they should be mindful of California laws regarding property and probate.

There are other circumstances that might inadvertently disinherit someone. For example, a child who is born after the death of the testator might find a complication when it comes to inheritance. Another problem can arise when the deceased believes that his or her child or another beneficiary has predeceased them.

Fortunately, wills and trusts can be modified. Indeed, they should be. Couples divorce, children are born, other beneficiaries die. The attorneys and staff of Rupprecht Law Firm can help with these eventualities by modifying a trust or adding a codicil to a will. We can even have some mistakes rectified in probate court even after the testator is deceased. All of this is part of estate planning.

Estate planning isn?t just for wealthy people. Determining how the testator?s estate will be handled after his or her death greatly reduces the stress that inevitably accompanies a death.

Any client in the San Ramon area who needs a will and estate attorney shouldn?t hesitate to get in touch with our team at Rupprecht Law Firm.

Have You Thought About What To Do With Your Digital Assets After Your Death? Check Out This Article For Things To Remember

When you consult an estate attorney in San Ramon, there may be a number of different things on your mind. As we get older and as life allows us to make connections and relationships with those around us, it becomes more and more clear that something needs to happen to our things after we pass on. If you are going to see an estate attorney in San Ramon, you know about this, but have you thought beyond the obvious? Far too many people limit themselves to thinking about things like furniture, cars and land. While these are important, what about your digital assets?

In this day and age, our digital assets are becoming just as important as our physical assets. For example, for many people, their digital music collection is their pride and joy. However, according to the places that make these collections available, you yourself do not own the song at all; what you own is a license. This makes transferring your music collection to someone else very difficult. This is just one area where you might have issues with your digital assets.

On top of that, what if you run a business online, like so many people do? You may wish to pass your business on to your heirs, or you may wish to have it liquidated, but this is going to be impossible or at least very difficult if you do not find a way to make sure that someone has access to it. If you are someone who has digital assets, it is essential that you think of a way to keep them accessible after you are gone. This includes things like mails, billing accounts and plenty more.

We are very much living in a time when a great deal of our lives are online, and this is something that can make a huge difference to your estate. Be sure to consider your issues and how you can move forward with them!

Can A Revocable Trust Prevent Probate In California?

If a California resident decides to get a revocable living trust, the question of ?Can a revocable trust prevent Probate in California?? often becomes a concern. The person who has a revocable living trust, commonly referred to as an ?inter vivos,? has probably done so trying to avoid probate.

Many California residents have found that the inter vivos or family trust may still be subject to probate. The key to avoiding probate concerns lies in whether or not it is funded. The revocable living trust must be funded by the creator in order to avoid probate and fees. In probate, the person who creates the revocable living trust must fund it to bypass certain probate issues.

Probate is the process by which the assets of an estate or distribute among heirs and debtors of the deceased. It is important for residents to understand that probate occurs in any case where there is an estate being evaluated. It doesn?t matter if the individual is testate (has a valid will) or intestate (does not have a will).

People usually want to avoid the fees and preserve the value of the estate. Fees can be excessive and really take away from the value of an estate. Statutory probate fees can quickly accumulate. It isn?t uncommon for the fees to cost considerably more than what it would cost to create a simple revocable living trust.

The process requires that a person set up a trust to have assets transferred to it prior to the person?s passing. In order to have the assets successfully transferred to the trust, this step must occur before the person passes to avoid probate. If this isn?t handled properly, another document like a ?pour over? will may be required. Statutory probate fees can be avoided by family members if a person takes the necessary legal precautions.

What Is A Pour Over Will In California? How Will It Affect My Estate Planning

Many individuals and families establish a living trust in order to simplify their estate planning. However, in a case where not all of their assets are included in the living trust, California law allows the individuals to use a pour over will in order to ensure that their wishes are fully carried out. A pour over will works to transfer those assets of the decedent that were not part of the trust into the trust, rather than leaving them to traditional probate proceedings. When working with a San Ramon estate attorney, this can be an extremely useful tool to ensure that the decedent?s wishes are carried out regarding the disposal of his or her property.

The Benefits of a Pour Over Will

There are a number of benefits to a pour over will, largely having to do with the ability to effectively transfer assets into the living trust upon the death of the testator.

Among the most important advantages to using a pour over will are the following:

? In cases where the decedent has minor children, any assets not originally part of the trust can be transferred into the trust and managed for the benefit of his or her children.
? A pour over will ensures that even those parts of the decedent?s estate that were not formally added into the trust before his or her death can be transferred to it.
? Pour over wills may allow the estate to avoid potential tax liability. In this case, it is wise to consult a San Ramon estate attorney, especially if the assets to be transferred include homes or other property.
? A pour over will allows the testator to ensure that he or she has control over the appointment of a minor child?s guardian, in addition to funding the child?s trust.
? Finally, by transferring the decedent?s assets and property into the trust, a pour over will can radically simplify the probate process.

Pour over wills provide a great deal of flexibility for individuals seeking to ensure the effective distribution of their estates. For those individuals desiring to ensure that their loved ones and other interests will be well cared for after their death, a pour over will can be an excellent estate management tool.

What Is the Unlimited Marital Deduction and How Does It Work?

In the United States, the federal government imposes tax on a unified system of gifts before death and estates passing after death. The combined amount of lifetime gifts plus estate assets is taxed only if it exceeds a certain amount. Congress periodically resets the maximum amount that can pass tax-free, which is known as the ?standard deduction?. Currently, tax is not imposed upon gifts plus estates under five million dollars. For those lifetime gifts plus estates above the maximum amount in any given year, several deductions are available to reduce estate tax liability. The most important of those deductions is the marital deduction.
The marital deduction allows spouses that are U.S. citizens to give unlimited gifts to each other during life and at death without accruing any tax liability. In this way, a couple?s assets will only be taxed once, at the death of the second spouse. However, it is important to use the standard deduction of each spouse in such a way that tax liability will be reduced as much as possible at the taxable event of the death of the second spouse. At the current time, each spouse has access to a standard deduction of five million dollars, unless Congress changes that amount. Enlisting a San Ramon estate lawyer will enable one to receive the most benefit from the standard deduction and the marital deduction.
The most common method for maximizing the benefit of the standard deduction and the marital deduction together involves splitting the estate of the first spouse to die into a credit shelter trust in the amount of the current standard deduction, and allowing the remainder to pass to the surviving spouse tax free via the unlimited marital deduction, either outright or in what is called a QTIP (Qualified Terminal Interest Property) trust. Currently, Congress has allowed for portability of the standard deduction from one spouse to another, but this may or may not continue. An experienced San Ramon estate lawyer is able to draft and execute pourover wills and inter vivos as well as irrevocable trusts while monitoring tax law changes and adjusting an estate plan to maximize available deductions at death.

California Apartment Law Frequently Asked Questions

Renting out apartments in California can sometimes be a tricky proposition for those unaccustomed to its laws. To help make such a prospect a little easier, we’ve compiled a list of some of the most frequently asked questions that plague landlords.

What is ‘Unlawful Discrimination?’

From the California Department of Consumer Affairs: ‘A landlord cannot refuse to rent to a tenant, or engage in any other type of discrimination, on the basis of group characteristics specified by law that are not closely related to the landlord?s business needs.’ Regardless of your personal beliefs, never refuse the right to rent property to anyone based on their race, gender, sexual orientation, or any other personal characteristic. If someone claims that you have, be sure to contact a San Ramon real estate attorney immediately.

When is the Landlord Responsible for Repairs?

Thanks to the California Supreme Court case Green v. Superior Court, landlords are held accountable for making a rental unit livable. As such, the landlord is legally responsible for making any repairs that would seriously affect the unit’s habitability. If a tenant accuses you of not fixing something that is actually their responsibility, contacting a San Ramon real estate attorney may be your best option.

How Often can Rent be Raised?

As a landlord, the state of California requires you provide a written notice thirty days before any raises of 10% or less can be made to rent. For raises exceeding 10%, you must provide an extra thirty days (bringing the total up to sixty).

How are Rental Unit Disagreements solved?

Before taking any formal action, it’s often a good idea to try and resolve any issues personally. If the two of you are unable to communicate effectively though, it might become necessary to contact a legal aid such as a San Ramon real estate attorney.

What Is The Cost Of Bail For A DUI In Napa

DUI arrests are nothing to trifle with. When you have been arrested for a DUI, you will find that things start moving very fast, and that is why it is a very good idea to make sure that you have a good San Ramon DUI lawyer on your side. Too many people think that a DUI is simply a matter of bad luck. The truth is that a DUI is a criminal offense that might be considered a felony or a misdemeanor, so think about what that might mean to your future.

The first thing for you to consider when you have been arrested for a DUI is bail. Bail is something that might be set at the judge’s discretion with regards to your situation, or you might find that instead it is offered in accordance with a bail schedule. A bail schedule is a list of bail amounts for different arrests, and there are several ways that the bail for the DUI might be rendered.

For example, if there were no accidents and no damage done, a DUI with a Blood Alcohol Level that was above . 08 percent would result in a 5000 dollar bail. If there were any kind of damage done, whether it was injury or manslaughter, the bail would leap up to 100,000 dollars. On the other end of the spectrum, the bail set for a DUI earned while on a horse rather than driving a car would be set at 1000 dollars.

If you are looking at the idea of a DUI and you are concerned that an arrest is in your future, it is worth your while to consider hiring a good lawyer. If you live in Napa, you’ll find that getting a good San Ramon DUI attorney is something that can make a huge difference to the way that you move forward with your case and even the way that your future ends up.

Did You Get A DUI In Napa, But Are From Out Of Town? Rupprecht Law Can Help

Have you received a DUI in the Napa area? Are you not from the area? If these two things have happened to you, you are probably pretty scared. We want to help you to understand that you are not alone in this situation and that we have helped clients in the same exact spot in the past.

The first thing to do is make sure that you contact us right away. Any questioning done by police or investigators should be done with your lawyer present. You do not want to say anything that could make the situation worse by mistake.

Once you have retained one of our lawyers to help you with the case, we are going to need all of the facts spelled out to us. Some of these facts will be provided by the police office, but the events of the incident as you remember them need to spelled out to us in order for us to be as effective as possible.

After this is finished, we move on to trying to get your case dismissed. There are plenty of situations in which the police may have made a mistake, or perhaps are just not interested in pursuing your particular case any more. If that is the situation, then we want to be able to help make sure that you get away without penalty.

It is much easier to walk away from these situations in good shape when you have a lawyer that can work with you. Far too often people end up trying to do too much for themselves thinking that legal assistance is not necessary. What often happens is that these individuals are mistaken in their belief, and they end up regretting the decision not to retain legal council.

We can help with this situation and you should trust us to do the job that we have been so well trained to do.