Estate Planning Blog
Tips on How to Protect What Matters Most
Be Proactive! Long-term Care Costs are on the Rise in California
Long-term care costs are on the rise. Industry-driven, massively underpriced policies are playing fiscal catch up with hefty premium rate increases. This price increase is forcing some aging Americans to abandon their policy while others struggle to reduce their...
Plan Ahead Before a Crisis Occurs
You could hear your mother say that, right? And how often have you wished that you’d followed mother’s good advice? Nobody really wants to think in advance about accidents or illness. But if no advance planning has been done, and if an elderly parent has broken a hip,...
Don’t Make These Mistakes When It Comes to Inheritances and Medi-Cal
When mistakes are made concerning inheritances and Medi-Cal (California’s Medicaid program), the cost could become significant. Those mistakes can be costly. When a person is drawing Medi-Cal benefits and inherits money or property, that inheritance jeopardizes the...
Don’t Forget to Plan for Incapacity!
As an Orange County estate planning lawyer, I often find that people associate the phrase “estate planning” with the task of making final plans and ensuring that loved ones are provided for after death. While we all want to make sure that our families are taken care...
Considerations for Caregiving from Afar
Long-distance caregiving is defined as delivering care for an individual who lives an hour or more away according to The National Institute on Aging (NIA). This type of caregiving takes many forms – from arranging for in-home care, money management, bill paying, and...
Five Reasons to Protect Your Retirement Accounts Now
Your retirement account provides asset protection during your lifetime, but as soon as you pass that account to a loved one, that protection evaporates. When your spouse, child, or other loved one inherits your retirement account, creditors have the power to seize it...
A Power of Attorney Changes when a Person Turns 18
Once your young child turns 18, they are considered an adult. Now your child is free to vote, marry, apply for a credit card, make medical and financial decisions, sign contracts, and live independently. No wonder the law calls this coming of age “emancipation.” But...
What You Need to Know About the Limits of a Will
There is no doubt that having a will as part of your estate plan is important. Having a will allows you to appoint a legal representative or executor to carry out your bequests and name a guardian for your children and avoid the state doing so via state law that may...
The Value of a Letter of Instruction for Your Estate Plan
Whether you are starting from scratch or have an estate plan in place a letter of instruction (LOI) is an important part of any comprehensive plan. A letter of instruction can help your loved ones manage important information about you. A LOI conveys your desires,...
Estate Planning Considerations for Special Needs Children in California
When you have a child with special needs, it is crucial to plan their future with the utmost care as they will meet additional challenges to care for themselves and their lives. According to the US Census Bureau, between the years 2008 to 2019, the biggest increase in...
Pick a Trustworthy Person to Act as Your Power of Attorney
While Michael was waiting for his home in Texas to sell, he was vacationing with friends in California. Unfortunately, he took a bad fall and ended up in a California hospital. He had his Texas power of attorney, but the problem was that they were “springing” powers....
Undue Influence and How It Affects Estate Planning in California
The most vulnerable in our society, the elderly or ill, sometimes fall victim to scams and cons. Targeted attacks on vulnerable older people to exert what attorneys deem "undue influence" constitutes elder abuse. It disrupts the older persons' impulse to provide for...
California Gift Taxes Explained
When an asset, such as property or cash, is transferred to another person without getting anything in return a gift tax may be applied. The asset has to be of a certain value for the tax to apply; otherwise, it falls under the gift tax exclusion, either annual or...
“For the 99.5% Act” and How It Can Affect Estate Planning in California
On March 25th, 2021 a new bill, "For the 99.5% Act," was introduced into Congress by Senator Bernie Sanders and Representative Jimmy Gomez. The bill's current form is only 18 pages long, but its potential impact on federal estate and gift tax laws significantly...
What 5 Documents You Should Include in Your Estate Plan
An estate plan is important for people of all ages, but as we age, the need for planning becomes even more critical. Many people avoid estate planning because they do not want to think about the end of life, failing health, or disability. Others believe that an estate...
The Rights of Beneficiaries in a Trust
A trust is a great mechanism for handling estate business and it can be beneficial to anyone with any number of assets, concerns, or circumstances. For example: You want to keep your affairs private and stay out of probate court; Maybe you have stepchildren; You may...
What to Understand When Purchasing Special Needs Housing in California
If you or a loved one is in the market for special needs housing that will meet the needs of your loved ones, there are some tips to consider before you begin the process. The US Department of Housing and Urban Development (HUD) website lists state and local...
The Value of Writing a Letter of Intent for Your Special Needs Child in California
Writing a letter of intent (LOI) for your special needs child can help bring them family continuity and comfort after you are gone. As a parent, the most valuable asset your child has is you and your ability to care for them. You, like no other, fully understand the...
What are Your Care Options for an Adult with Special Needs?
There are numerous care options available for adults with special needs in California. The options available range from those with special needs who are able to be more independent to those who need advanced medical care. It is important to match the person’s needs...
Understanding the Dos and Don’ts of California Special Needs Planning
Parents and caregivers of special needs dependents need to provide for them intelligently and adequately with proper special needs planning. There is a balance to be struck between government benefits, which generally only meet the most basic of special needs, and the...
How to Utilize Special Needs Trusts in California
In general, a trust is created when property or assets are managed by a person or firm for another person’s benefit. The person or entity who manages the trust is known as the “trustee” and is responsible for making decisions in the best interest of the person who...
How a California Elder Law Attorney Can Serve You and Your Loved One
An elder law attorney is an attorney who specializes not in a specific area of the law, but in the legal needs of elderly people, veterans, and adults with special needs. Elder law is a focus that has only been around for about twenty-five years and was born out of...
How Can an Elder Law Attorney Benefit Seniors and Their Loved Ones?
An elder law attorney serves as a legal advocate for aging adults and their loved ones. Elder law encompasses a wide range of legal matters affecting an older or disabled person. Issues related to guardianship, retirement, health care including advance directives,...
Do You or a Loved One Need an Elder Law Attorney?
Whether you seek legal counsel for yourself or a loved one, elder law attorneys have a wide range of expertise and services that you will require at some life stage, whether in your 40s, 50s, and beyond. Actions you take in one part of your life may have unintended...
Why is May Special for California Elder Law Attorneys?
May is National Elder Law Month, as designated by the National Academy of Elder Law Attorneys. It is a way to acknowledge the profession that supports seniors and their families with all of their planning needs.
Should My Aging Loved One Needing Care Live with Me?
Aging in place continues to increase in popularity, but what to do when you notice an older loved one is having trouble living safely at home is an issue many of us face. Troublesome signs like a dirty home in poor repair, unpaid bills, piles of mail, and food out of...
A Story of the Painful Devastation of Parkinson’s Disease
Here is a story that we heard recently that resonates with us as we have clients and our own family members that battle with the effects of Parkinson’s Disease. We are sharing with you to provide more insight into the many challenges Parkinson’s Disease presents for...
How to Prepare for Your Aging Parents’ Care in California
While every situation involving an aging parent is unique, one truism is that preparation is crucial to success. Whether you need basic information about eldercare resources and services, are looking for a local agency to provide those services, or have worries about...
Understanding New Research and Insights on Parkinson’s Disease
Parkinson’s disease is a neurodegenerative disorder that causes a progression of symptoms including, body tremors, limb rigidity, Bradykinesia (slow movement), as well as balance and gait problems. The cause of Parkinson’s disease (“PD”) remains largely unknown. One...
Is Equal is Equitable for Children Beneficiaries?
When it comes to deciding how to leave property to your children, the clearest choice is to divide everything into equal shares. That is the straightforward choice when all your beneficiaries are doing equally well. But what if not? – if, for example, your son is a...
Recent Posts
Be Proactive! Long-term Care Costs are on the Rise in CaliforniaSeptember 29, 2021
Plan Ahead Before a Crisis OccursSeptember 17, 2021
Don’t Make These Mistakes When It Comes to Inheritances and Medi-CalSeptember 15, 2021
Don’t Forget to Plan for Incapacity!September 13, 2021
Considerations for Caregiving from AfarSeptember 8, 2021