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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...
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...
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...
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....
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...
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...
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...
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...
One of the important people in a conservatorship proceeding is the attorney appointed by the court to represent the conservatee. Some counties appoint private attorneys from a list the court maintains, other counties appoint the public defender’s office, and other...
A Probate is the court process used to administer a decedent’s estate when they pass away. The process transfers a decedent’s assets to the beneficiary or heir of the decedent. However, in California, a summary estate administration can be used with smaller estates...