If the will lists other beneficiaries in addition to the surviving spouse, then only the property listed in the will that goes to the surviving spouse is subject to the petition.
Author Archives: Walnut Creek Elder Law
If there is no will, then the surviving spouse, the children of the decedent, parents, etc., can petition the court to be named as the “Administrator With Will Annexed.”
We usually don’t think estate planning documents are necessary for younger adults. But consider the potential need for financial and health care powers of attorney for them.
If you do happen to answer the phone, you should hang up immediately if the caller is trying to sell you something. Just tell the caller no regarding any prizes, requests for money from people you don’t know and requests for money from religious and charitable organizations.
All current beneficiaries are scheduled to receive their new cards no later than December, 2019. In California, the new cards should arrive between April and June, 2018.
Do not be afraid of calling him or her to ask questions. Find out if your required minimum distributions from your qualified accounts, like IRA’s, are being made properly.
Another red flag for elder abuse that we have seen is the sudden advent of relatives or old friends, who have not been seen for years, who are now expressing great concern and interest in “helping” the older person.
Wait three days before you sign anything that requires spending your money. During that time, ask other professionals, family members and friends what they think about the deal or contract.
If your older loved one is still driving, find an excuse to ride with them, and observe their behind-the-wheel skills. Check to see if there are any obvious dents o right hand turns if at all possible.