In a previous post, we discussed what you should do about Social Security benefits after someone dies. But with regard to married couples, how much will the surviving spouse receive? Generally speaking, the surviving spouse will receive 100% of the deceased spouse’s Social Security benefit, as long as that amount is greater than the surviving spouse’s […]
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Consider a Line of Credit On Your Home
The home is usually our clients’ most valuable asset. For Medi-Cal planning purposes, we have discussed in previous blogs how you can set up your Long Term Care Plan to ensure that you can transfer your home to your spouse or to you children without Medi-Cal penalty, and at the same time protect your home […]
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Plan For Incapacity Now
Planning for incapacity should take place now, while you still have good mental capacity. If you lose mental capacity, you will not be able to make good decisions regarding your financial and personal affairs. For seniors, incapacity can occur for instance, as the result of a head trauma, dementia or as a consequence of Alzheimer’s […]
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What To Do About Social Security Benefits After Someone Dies
We are often asked what should be done about Social Security benefits after someone dies. When a social security recipient dies, the Social Security Administration must be notified as soon as possible. The funeral home will usually make the notification to Social Security. If the funeral home does not provide this service, then another family […]
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Beware of Arbitration Clauses
The New York Times has examined, in a series of articles, the problems with mandatory arbitration agreements in consumer contracts. The articles examine “… how clauses buried in tens of thousands of contracts have deprived Americans of one of their most fundamental constitutional rights: their day in court.” The NY Times series discusses how consumers […]
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Help For Caregiver Burnout
Over the past years, practicing in the area of elder law and long term care planning, we have observed many cases of elder care burnout. The caretaker spouse or child is usually not equipped to adequately care for a loved one who is suffering from Alzheimer’s or Parkinson’s Disease, or other debilitating diseases. These diseases […]
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Be On The Lookout For Sweepstakes Fraud
There are thousands of companies that use sweepstakes offers in an effort to lure people into sending them money. This has been reported by the Office of the Attorney General in California. The report says that many of these companies have been prosecuted by the California Attorney General, attorneys general in other states, by the […]
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Governor Brown Signs The End Of Life Options Bill
Governor Edmund G. Brown Jr. signed into law the AB-15 End of Life Options bill on October 5, 2015. This is landmark legislation which allows patients who are terminally ill to receive lethal medications to end their lives at a time they choose. The law will become effective at a date to be announced during […]
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Watch Out For This Scam Regarding Recorded Deeds
As part of our estate and long-term care planning practice, we regularly prepare deeds for our clients. These deeds can for instance transfer real property into or out of trusts, or between individuals. We send the executed and acknowledged deeds to the recorder’s office along with the required preliminary change of ownership reports. Thereafter, within […]
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Our Estate Plans Change As We Age
Most people I meet have a basic estate plan that is designed for younger people. The plan typically consists of a revocable living trust, pour over wills, financial durable powers of attorney, and health care directives. These plans were typically designed some years ago. The emphasis on that planning was to ensure that if the […]