I occasionally have the situation where my married estate planning clients are dissolving their marriage or I have a new client who is in the middle of a divorce proceeding and they want to do some planning. There are several considerations that must be considered...
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The Co-Owner of My Real Property Can Do What??
This question has come up a few times lately when a co-owner of real property dies, and it is discovered that documents were recorded without the knowledge of the surviving co-owner that changed how the title to the real property is distributed. A recent client...
Do You Need a Special Needs Trust if You or a Family Member Are Receiving Social Security?
The answer is that it depends. When this question comes up with clients because they are receiving an inheritance or litigation settlement proceeds, my first question to them is what type of Social Security benefits are being received? If it is SSDI (Social Security...
My (Insert Relative Name Here) Needs a Conservator, But I Don’t Want It To Be Me – What Do I Do?
I see this issue come up often in my practice where a conservatorship is needed for someone, but the people who have priority to be appointed do not want to act or even petition for a conservatorship. If there is no family member or friend willing to act as...
What is the Status of Medi-Cal Planning for Long-Term Care in 2023?
For the remainder of 2023, the old planning strategies for qualifying for Medi-Cal long-term care benefits are still viable. But, if qualification is not needed until 2024, it may be best to wait until January 1, 2024 to apply for benefits. The reason being that the...
Natural Organic Reduction aka Body Composting
A few years from now, in January 2027, a new law will go into effect in California, making it the fifth state to approve body composting. This process is referred to as Natural Organic Reduction (NOR) and is less harmful than cremation or burial to the environment....
The Importance of Including Alternative Distribution in Your Estate Plan
A trust administration that I am working on right now is illustrating the importance of including alternative distribution provisions in your estate plan. My client is the trustee of her relative’s trust. The relative had validly exercised a power of appointment to...
Are There Any Alternatives to a Guardianship of the Person in California?
The answer is yes and it is called a Caregiver’s Authorization Affidavit. As discussed below, there are limitations when a Caregiver’s Authorization Affidavit can be used, but when it can be used, then it eliminates the expensive process of filing a Petition for...
Signs of Undue Influence
As people age, certain everyday activities may become more difficult and dangerous. An older person may reach a time when eyesight or other health concerns make driving no longer an option. Additionally, keeping up with the latest technology is hard at any age, but...
Are Your Kids Heading Off to College Soon? Have They Executed a Power of Attorney or Advance Health Care Directive?
Rolling into May is an exciting time of year for high school seniors with all of the end of year activities including graduation. Then comes fall and some of them become college students and head off to college. As parents, on top of all the other considerations you...