Once a person has created an estate plan, the object is to preserve it. Unfortunately, for many seniors in particular, this can be a daunting task as the number of scams that target older Americans is increasing. Just because your funds and home are in a trust, that doesn’t mean a predator cannot target you as you are still in…
California has made some important changes to its Probate Code regarding guardianships, conservatorships and elder abuse that you should be aware of. Up until now, in California and most other states, a wife or husband had the legal right to bar visitation to the other spouse’s adult children who might want to visit them. An ailing spouse may have dementia…
Late in 2014, the federal ABLE (“Achieving a Better Life Experience”) Act was signed into law to become effective in California this year. The law is designed to provide those with special needs a way to save money without losing needs-based public benefits such as SSI or Medi-Cal. This is an important issue and, perhaps the greatest accomplishment of the…
Probate is a legal process used to pass a deceased individual’s property to heirs and beneficiaries of the deceased. Probate must be initiated whether an individual dies with or without leaving a will. A will aids the court in determining how property and assets should be disposed. The probate process can be a lengthy, costly, and complicated process even when…
Here are some of the more popular questions people have about wills and trusts and other estate planning documents. Even people who already have their estate planning documents in order still wonder about these scenarios. Q: Should I Keep My Estate Planning Documents in a Safety Deposit Box? A: Yes – and no. You might keep an original of your…
Many people want to support their favorite charities after death by including charitable donations in their estate plans. For many, however, this goal is at odds with the goal of making sure that family members are provided for. If you are in the process of drafting a will or trust and want to support one or more charities while also…
Many people think estate planning is only necessary for the elderly and the wealthy. This is a very common misconception. Here are six reasons why estate planning should be on the radar for everyone in their 20’s or 30’s: 1) You Never Know What May Happen Think you are young and have plenty of time left to worry about estate…
The advance health care directive is one of the most crucial estate planning documents that you can create for yourself. This document gives someone you choose (“agent”) the power to manage your medical and health care affairs if you become incapacitated or mentally impaired. It is a position of maximum trust. If you plan to appoint someone as your agent,…
The power of attorney is one of the most important documents that you can create for yourself. It gives someone you choose (“agent”) the power to manage your financial affairs if you become incapacitated or mentally impaired. It is a position of highest trust and choosing your agent should be a very thought-out decision. It should be someone you that…
The recent mystery surrounding the disappearance of Malaysian Flight 370 and other recent airline disasters has raised any number of legal issues that may take years to resolve. First and foremost, you wonder how many passengers on that flight had any kind of estate documents – wills, trusts, etc. Some of the passengers were not of Malaysian descent so those…