5 Important Estate Planning Documents to Have in Place During the COVID-19 Pandemic

The unfortunate reality of the current global pandemic is that anyone can find themselves sick in the hospital and possibly no longer able to make their own financial or medical decisions. Because of this, the last thing that anyone wants is to become incapacitated without the proper estate planning documents in place.

Read on to discover what we consider the five most essential documents you should either create or update during the current COVID-19 outbreak to protect yourself, your property, and your loved ones.

Will:

 

Your will is the legal document that instructs how to distribute your assets after your death and appoints guardians for any dependents or minor children. Dying without a will leaves your assets and property in the hands of your state’s laws.

It is also recommended that you review all beneficiary designations for retirement plans and life insurance to ensure that they are current.

Healthcare Power of Attorney: 

It’s essential to authorize someone you trust to make medical decisions on your behalf in case of a medical emergency that leaves you incapacitated and unable to communicate your own wishes. A durable power of attorney for health care permits you to make such an authorization.

Living Will:

 

A living will is sometimes called an advance care directive. This document outlines the kind of medical care you want if you are terminally ill. For instance, you can make it known whether you want to be kept alive on life-support systems, such as a respirator or feeding tube. You can also include instructions for organ donation.

Durable Financial Power of Attorney:

 

You also may want to make sure that your family has some kind of access to your finances in order to pay bills and medical expenses if you are unable to do so on your own. That’s why another important document to prepare is your financial power of attorney. This document gives someone the authority to handle financial transactions on your behalf if you become incapacitated.

HIPAA Authorization: 

 

The Health Insurance Portability and Accountability Act (HIPAA) sets federal privacy rules for medical records. However, if you’re hospitalized, you may want your spouse, children, or other close relatives to be able to communicate freely with doctors and nurses and find out how you’re doing. That’s why you may want a release document for records authorizing certain people to have rights to disclosure of your medical records.

Contact Us:

As the COVID-19 pandemic continues to actively spread through California, make sure you have the above documents in place and up-to-date, especially if you are an individual at high-risk of serious illness or death from Coronavirus.

David Knecht has extensive experience preparing Wills, Living Trusts, Durable Powers of Attorney, and Advance Health Care Directives to meet your estate planning needs. Contact David Knecht Law at 707-451-4502 today to learn more about these documents or schedule an estate planning consultation. 

 

Filed Under: Living Will, Power of Attorney, Probate Lawyer, Trust Administration Attorney , Vacaville Attorney, Vacaville Lawyer

The Importance of Up-To-Date Estate Planning During a Pandemic

 

Let’s be honest. 2020 has been a terrible, horrible, no good, very bad year. The COVID-19 pandemic has particularly made 2020 a nightmare for people across the globe. 

At times like this, thoughts of sitting down and taking care of your estate planning are probably not at the forefront of your mind. However, if you fall ill, the last thing you want to be dealing with is attorneys gathering around your hospital bed trying to finalize your estate plan. In times like these, it’s best to prepare for the worst and contact your attorney to update your estate planning documents and arrangements.

Read on to see why having a will and estate plan is more important than ever during these unprecedented times.

Have you been procrastinating?  

Procrastination is normal. No one wants to think about dying or becoming incapacitated, and it’s easy to push your end-of-life planning aside.

However, these days, many of us have more time and flexibility in our schedules than usual. And with a deadly virus spreading through California and the world, you don’t want to risk something happening to you without having a proper plan in place. So now is the time to stop procrastinating and instead prioritize creating or updating your trust or will. This is especially true for high-risk groups such as medical professionals, first responders, and the elderly or other compromised individuals.

Are your loved ones, assets, and personal desires protected? 

Many people only think of estate planning in the context of the wealthy or elderly. However, anyone over the age of 18 should start thinking about their estate plan. This is true regardless of your income level, marital status, or number of children. No matter your situation, it’s crucial to take steps to protect your loved ones, your property, and your personal wishes in your will or trust.

Here are some key areas to consider covering in your estate planning documents:

  • Clarifying the distribution of your assets
  • Naming guardians for minors and dependents
  • Laying out a long-term health care plan
  • Arranging for important family keepsakes and personal items
  • Communicating final wishes, funeral arrangements, and burial requests

Do you need peace of mind? 

During times like these, many people’s emotional and mental health suffers. People are worried about their health and safety, their job security, their financial situation, and their ability to engage in social activities in the future.

Because of this, the last thing that anyone needs is for a lack of personal estate planning to add to their anxiety and stress. Meeting with an attorney and making sure that your loved ones and property are taken care of can bring you that extra peace of mind you may be needing.

Contact Us:

As the COVID-19 pandemic continues to actively spread through California, stay on top of things and make sure your estate plan is up-to-date. Contact David Knecht Law today to schedule an estate planning consultation.

 

Filed Under: General Legal Advice, Vacaville Attorney, Vacaville Lawyer

5 Considerations for People Going Through a Divorce During the COVID-19 Pandemic

When COVID-19 put many portions of the country under lockdown and social restrictions this year, people found themselves spending a lot more time at home. While many have enjoyed the experience of working from home and being quarantined with their family members, the forced togetherness has certainly not been good for some marriages and relationships. Indeed, by April 2020, the interest in divorce had already increased by 34% in the United States. 

If you find yourself going through a divorce this year, read on to discover five important issues we recommend that you take under consideration.

Assets:

 

The global and national economies have seen significant effects and instability as a result of fears related to COVID-19. If you’re currently in the process of negotiating the allocation of assets and finances during your divorce, it’s important to be mindful of the impact the economy and market may have on these assets.

Financial Obligations:

 

For divorcing spouses who have lost their employment due to the COVID-19 pandemic, there are likely questions and concerns surrounding financial obligations such as alimony or child support payments. If you’ve suffered a change in financial circumstances, it’s important to address your situation with your attorney to see if anything can be modified or done to alleviate some financial pressure.

Health Insurance:

 

Now is certainly not an ideal time to be without medical insurance coverage. If you’re going through a divorce, keep in mind that your health insurance plan will likely need to change if you were a member of your former spouse’s health insurance policy. Make sure you know your situation and your options before the divorce is finalized.

Parenting Concerns and Communication:

 

For divorcing spouses with children, now is the time to set aside any animosity and cooperate with each other in the best interests of their children. It’s crucial that each parent stay updated and provide notice to the other parent of any health-related changes impacting their child or whether anyone in their respective homes has tested positive for the COVI-19 virus. Parents should also timely share Coronavirus-related information received from their children’s school or extra-curricular activities.

Court Operations:

 

For those who need certain divorce matters addressed in court or in a mediation, they may have found certain court dates and meetings being postponed or altered due to the COVID-19 pandemic. This is something for anyone in the middle of divorce proceedings to be aware of and to discuss with their attorney.

Contact Us:

A divorce is never easy. The events of 2020 have undoubtedly made family law issues even more difficult. However, a knowledgeable family law attorney can assist you with the legal issues surrounding your divorce, especially any new concerns or questions that have arisen during the COVID-19 pandemic.

David W. Knecht has years of experience handling various divorce cases in California. Contact David Knecht Law at 707-451-4502 today to learn more or schedule a consultation. 

 

Filed Under: General, Vacaville Attorney, Vacaville Lawyer

3 Things to Look for When Selecting an Attorney to Prepare Your Living Trust 

A living trust is an estate planning document created and legally in existence during the grantor’s lifetime. The main advantage of a living trust is that it does not have to go through the standard probate process, so your funds and assets can be distributed more quickly when you die or become incapacitated than they would be able to with a standard will. 

While it’s possible to make your own living trust, hiring an estate planning attorney will help ensure that your loved ones and property are protected. Read on to discover what qualities to look for when hiring an attorney to create your living trust:

 

  • Experience: 

When looking for a qualified attorney to assist you with your living trust, it’s very important to look for a law firm that has extensive experience in estate planning. Because some of the legal issues in estate planning vary by state and even by county, it’s also important to find a firm with experience serving clients in your area. 

Spend some time looking for an attorney with local experience who is familiar with constructing and implementing living trusts for people in situations similar to your own. 

 

  • Trust: 

When selecting an attorney to prepare your living trust, it’s also important to ask yourself the following questions: Do I feel comfortable with this person? Can I see myself working closely with this attorney? Do I trust this attorney enough to share my personal information? 

Keep in mind that you’ll be sharing intimate details about your life and your family with your estate planning attorney. It becomes one of the most personal professional relationships that you have. You will want to feel comfortable with this person, and you will want someone who can answer all your questions and provide you the personalized attention that you need. 

 

 

  • Reasonable Fees:

Legal fees are another crucial consideration when you’re selecting an attorney to prepare your living trust. It’s often worth it to pay to have the peace of mind that a qualified and professional estate planning attorney brings when you’re setting up a living trust. However, make sure that you have an understanding of what the cost will be for your particular case. A good attorney will be clear about their billing practices, and they will let you know what you will be charged for and if any additional costs come up. 

Your estate planning attorney is the person who helps you make sure that your loved ones and property are taken care of. Make sure that it’s someone you can feel confident in. 

Contact David Knecht Law today to schedule a consultation to discuss whether a living trust is right for you! 

 

Filed Under: Living Trust , Vacaville Attorney, Vacaville Lawyer

Emergency Rules for Solano Superior Court during COVID-19 Pandemic

This article will summarize a few of the emergency rules for Solano Superior Court that have been enacted to manage the COVID-19 pandemic.  For a list of all the rules go to https://www.solano.courts.ca.gov/ and click on Emergency Operations Documents.  

 

  • Do I Need to Wear A Mask to Court to Protect from Covid-19?

 

The mask rule currently in place in Solano County Superior Court.  The full information can be found here.  https://www.solano.courts.ca.gov/materials/SSC_EO/Face_Mask_Order.pdf

  • Who needs to wear a mask?

Anyone over three years old needs to wear a mask that covers their nose and mouth. 

 

  • What about a person who has a disability?

 

The mask rule does not apply to anyone who has trouble breathing, or is unconscious, incapacitated, or otherwise unable to remove a mask without assistance.  It doesn’t apply to anyone with a medical condition or disability for whom wearing a mask is not recommended by a healthcare professional.  The mask rule doesn’t apply to anyone exempted by federal, state, or local law or regulation.  

 

  •  How does a Court Hearing with Zoom Work?

The guidelines for Zoom hearings in the Solano Superior Court can be found here.  https://www.solano.courts.ca.gov/materials/SSC_EO/Solano_Guidelines_for_Zoom_07-10-20.pdf

 

  •  What should I wear to a zoom hearing for court?

 

The guidelines indicate that you should dress as if you were appearing in court in person. 

 

  • When can I speak on a zoom court hearing?

 

You  will be place on mute when you enter the hearing.  You should wait until the judge call on you and then you should announce your name when you begin speaking.  

 

  •  Where can I find more information on whether my hearing has been continued?

You can find information on continued hearings on the court website at https://www.solano.courts.ca.gov/.  

 

Filed Under: Vacaville Attorney, Vacaville Lawyer

Hiring an Attorney After You Are Hurt On The Job

Much as employers try to make workplaces safe, accidents do happen. At times, it may be due to sheer negligence on the employer. Regardless of the circumstances, you need to lodge a workman’s compensation claim. Usually, this comes about owing to the need for money to offset hospital bills, pay your doctor and future therapy clinics. The extent of injury could be severe resulting in your being away from work for several weeks or months. The law dictates that you should be adequately compensated for the loss of income, bills incurred and the trauma you have gone through.

When Hiring an Attorney Is a Must

Workplace injuries range from minor to severe. In the former case, you will head to the company clinic; have the injury checked ad get some medication. However, severe cases may result in hospital admissions where you undergo surgery.  If you require surgery, are unable to get back to work or were denied medical benefits, you require assistance from an attorney. A personal injury lawyer, as these attorneys are also referred to, will help you lodge a claim and advice on other rights that you have against your employer.

When The Insurer Denies Your Claim 

Insurance companies have this habit of relegating claims and refusing to award compensation. A claims assessor may investigate your claim and give feedback that there was no serious injury. At times, you file a claim and no investigations are done. Another way through which insurance companies frustrate claimants is by offering them compensation that is below par. You need the professional intervention of an attorney who will apply pressure on the insurer to investigate the case afresh. Your attorney will face the legal team from the insurance company and compel them to award you the compensation you deserve.

Delayed Compensation Checks

It is very frustrating when you are being hunted down by collection agents from the hospital and the doctors who attended to you. It is true that they gave you quality medical care and are on your way to recovery. Even after the insurance company has awarded you compensation, they keep delaying the release of these checks. At times, the checks come out in a haphazard manner at a time when you are struggling to put your life back together. Calls to the relevant persons may go unanswered leaving you frustrated. With a little help from your attorney, this will hasten up things leaving you to heal in peace.

 

Filed Under: Vacaville Attorney, Vacaville Lawyer

6 Reasons to Hire a Child Custody Lawyer

Child custody agreements are designed to be in the best interest of the child, and their parents.
The agreements are normally designed to show each parent what their responsibilities will be
pertaining to the raising of the child or children. Child custody lawyers are normally hired when
the parents are unable to come to an agreement on their own. Moving into legal proceedings
with a third-party helps to move the case along faster and helps to ensure both parties get to
an agreement. What happens if you do not have a lawyer? You could end up with less custody
than you determine is fair, or you could end up paying more or less in child support. Always
consult with a child custody lawyer prior to responding to anything related to your case. Here
are 6 reasons why it pays to hire a child custody lawyer:
1. Protect your children
2. Lawyers have experience with family law
3. Experience with the judge in local cases
4. Negotiation experience
5. Ability to set up a fair child custody agreement
6. Prevent unfair bias or practice

Protect Your Children

The number one reason to hire a lawyer is to protect your children. Placing your children’s
interest first should be the top priority as typically both parents want to provide their children
with the best upbringing for them. A good lawyer will review your case, discuss the overall
situation, and will focus on what is best for the children. A good lawyer knows how disruptive
the case can be, which is why they focus to take on the stress you are feeling in relation to the
custody case. You deserve to have someone fight for your rights and be on your side, and a
good lawyer is here to help.

Experience with Family Law

A good family lawyer will be able to handle any issues that come with the case. There will be
hiccups along the way. You need to hire someone you know you can trust to have your best
interests in mind. A good lawyer knows what type of strategies other lawyers will take in
custody cases, making it easier for them to have the right counter arguments prepared.
Complex cases need the help from a good lawyer. Do yourself a favor and hire a custody lawyer
in Vacaville to handle your case.

Experience with Judge

Depending upon your case, the judge may be the person that holds the most important aspects
of making a ruling. A good lawyer knows when a case goes to court with a judge, you are facing
a tougher situation. If the lawyer has prior experience in the family law courtroom, they likely
have relationships with the judges in the region and know what type of counterarguments and
agreements to push.

Negotiation Experience

Less than 5% of custody cases head all the way to the courtroom in front of a judge. Why? Good
lawyers who know proper negotiation skills are one of the reasons! In many cases, the parents
are willing to work together for the sake of their children, allowing for an agreement to be
made outside of the courtroom.

Fair Child Custody Agreement

Lawyers will fight for your rights, and for the rights of your children. The goal is to make the
best arrangement possible for the children. When you hire the right lawyer, it will ensure that
you are being protected with a fair child custody agreement for both you and the children.
Prevent Unfair Practice or Bias
A good lawyer works on your behalf to ensure your rights are protected. If you do not have a
good lawyer helping with your case, you may find yourself dealing with your ex-spouse’s lawyer
and they are pushing to make you pay more in child support and lose child custody. It pays to
have someone on your side who knows family law and wants to fight on your behalf. Contact
David Knecht Law today to discuss your child custody case.
Filed Under: Vacaville Attorney, Vacaville Lawyer

What Makes a California Lawyer You Can Trust

At David Knecht Law, we focus on providing our clients with honest and reliable legal services. Whether you are in need of a lawyer for family law or a lawyer for estate planning, our experienced team is here to help. We are one of the leading law firms in the Vacaville area. Our attorneys are here to guide you through your legal case, ensuring you have the right team on your side to provide you with sound advice. When you are facing any legal case, it is important to do your research and find a lawyer who will focus on offering a number of options, while encouraging you with your endeavors. Here are four things you need to consider as you seek out legal counsel.

Lawyer Experience and Expertise

One of the things you need to discuss with the lawyer is the amount of experience they have with cases similar to yours. While some lawyers have experience in multiple facets of family law, do all of them have experience with difficult divorce cases? Do they have experience in the courtroom with cases like yours? How about cases dealing with child custody issues? It is vital to spend time looking for someone who has dealt with cases like yours, and has had successful outcomes.

Communication Skills

Another thing to look for with legal cases is to focus on an attorney with excellent communication skills. If you have someone that doesn’t do well in handling communication via email, phone, or text, you may want to consider a different lawyer. It pays to hire someone you know will answer your calls and will be diligent in replying to you. If the lawyer doesn’t respond in a timely manner, it can lead to frustration and a general wondering of what is happening. Some law firms have legal assistants who will focus on replying to general inquiries and making sure their clients are in the know.

Discuss Legal Fees

The legal fees of the law firm are another important element to consider as you look at your options. Some law firms will charge for each email, text message, and phone call. Other law firms do a flat rate fee. It all depends on your case, and what you need from the law firm. Typically law offices will have you come in for a free consultation about your case, and will determine the fee amount based on the potential outcomes of your case.

Look at Client Reviews

Another way to know you have a good lawyer is to look at their client reviews. What are people saying about them? How well have they worked for other clients in the past? It is important to look into online reviews, and ask around to hear word of mouth and find out what people think about them in the area. Check with the California Bar Association as they too have information about the attorney and their win-loss record along with client reviews.

Consult with several attorneys before you hire someone to represent you. Failure to find the right lawyer can leave you in a difficult situation. It pays to work with experienced, trustworthy professionals who always put you first. Contact the Law Offices of David Knecht today to schedule a consultation.

 

Filed Under: Fairfield Attorney, Fairfield Lawyer, Vacaville Attorney, Vacaville Lawyer

What makes a great 2020 Vacaville Lawyer

When you are going through a divorce, or any difficult legal manner, it always pays to hire a good lawyer. How do you know what makes a good lawyer? It is important to meet with multiple lawyers to find the one that you get along with, listens to your concerns, and will do their best to handle your case in the right way. Now that 2020 is upon us, how do you know if you have hired a Vacaville attorney that will be updated with the latest laws and changes?

In a difficult and confusing time, it pays to hire someone with plenty of experience handling similar cases. Far too often people hire the first lawyer they meet with, and this can easily land them in a bad situation. Some people end up losing custody of their children, others end up losing assets like their home, retirement accounts, or more. So what makes a good Vacaville lawyer? Here are some things you need to look for as you meet with different lawyers.

Passion for the Job

A good lawyer loves what they do. Upon meeting with the lawyer, you can find out quickly how they feel about their job and their career. Successful lawyers have a passion for the job and they enjoy helping people. Does the lawyer seem excited and ready to help?

Compassion

A lawyer will have compassion for their clients, and they will be able to do all they can to help. When you explain your case and your situation, does the attorney seem like they are willing and ready to help? Do they feel compassion for you, and want to do what they can to provide you with sound advice?

Excellent Communication

Lawyers need to be excellent communicators. Not only does the attorney need to be able to talk to you directly, they need to have excellent communication when it comes to working with the other lawyers, and communicating with the court. Failure to meet a deadline can set your case back several months, or could cost you a lot of money. Through effective discussions, lawyers will be able to communicate their ideas in the right way.

Listening Skills

The lawyer not only needs to be able to communicate well, they need to listen. Strong listening skills are necessary as they will need to be able to understand your side of the case, and do their best to construct a clear strategy. You can find out almost immediately if the attorney listens by their body language with you during the consultation.

Experience and Education

It pays to hire a lawyer with plenty of experience in their industry. Hiring the wrong person can lead to disaster, and could string out your case for months or years. Look around for a lawyer who has the education needed, but experience with cases similar to yours. Great lawyers know their area of the law well, and they are effective in the courtroom.

Use these tips to help you find a quality Vacaville lawyer. Contact David Knecht today to schedule a consultation and find out how we will work hard for your legal rights!

 

 

 

Filed Under: Vacaville Attorney, Vacaville Lawyer

3 Most Important Things to Avoid After Being Charged with DUI

Drunk driving continues to be one of the most serious crimes in the United States. According to the National Highway Traffic Safety Administration about 1.5 million people are arrested yearly for driving under the influence of drugs or alcohol. First-time offenders are not always prepared to handle the legalities that start when they have been charged with a DUI. Hiring a good attorney is one of the most important things you can do as you navigate the next steps to take.

Not Contacting a DUI Attorney

Many people aren’t sure what they should and should not do following a DUI charge. In some states, you can make your situation worse by doing the breathalyzer test or volunteering information to law enforcement. An attorney will be able to help you understand what you should and should not do so you don’t make the charges worse. DUI laws are complex and do require in-depth knowledge of the legal system.

An experienced and skilled DUI attorney will have experience with cases similar to yours and will be able to create a case strategy that provides a favorable outcome. The judges are another thing to consider as some are tougher on different types of DUI cases, so you do want an attorney who has dealt with the judges previously. The right attorney knows how to effectively present the information to the court in a way the judge prefers. Always make sure you are protected and do yourself a favor and hire an experienced DUI attorney.

Social Media

After you have been charged with a DUI, avoid social media. Make sure you have set your social media account to private so the information on your accounts cannot be used against you. Unfortunately, many people make their situation worse with pictures and postings showing you with drugs or alcohol on the night of the arrest. Prosecutors often use social media accounts and pull the incriminating photos to use against you in court. Not only do the images on the account hurt your case, they can also damage your reputation. Even if you are innocent, photographs and posts are not the information you need circulating about you. Do yourself a favor and avoid social media in the wake of a DUI arrest and do not post anything!

Acting Nonchalant

Following a DUI arrest, you need to take the situation seriously. Unfortunately, too many people act nonchalant after the arrest and assume their attorney will swoop in and take care of everything. If you haven’t taken a moment to write down everything that has occurred, you can make your attorney’s job extremely difficult to negotiate the best deal possible. Here are some things you need to work on following a DUI stop:

  • When and where were you when you were stopped?
  • Why did the officer stop you?
  • Did you take a breath test? What did the device look like?
  • Did you tell the officer anything about what you ate or drank?
  • What tests did the officer do in addition to the breath test? Did you do a eye tracking test, talk and turn, and one leg stand?

Taking a few minutes to go over everything and writing it down can help your attorney work on your case. The Law Offices of David Knecht Law in Vacaville has years of experience in criminal law. Our attorneys are here to help. Contact our office for a consultation.

Filed Under: DUI, Vacaville Attorney, Vacaville Lawyer
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