PROBATE is a court proceeding that is used to distribute your assets to your beneficiaries at the time of your death. Probates are complex, and require that numerous forms and regulations be followed, before the court will sign an order distributing your assets to your beneficiaries or heirs. A probate with regard to your home and […]
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The Importance of an “Elder Law” Durable Power of Attorney
Does your Financial Durable Power of Attorney (financial DPA) contain asset protection and government benefits qualification language? It probably does not, unless it was prepared by an elder law attorney. If you lose mental capacity, your spouse or children may be prevented from gifting your assets to themselves, in order to help you qualify for […]
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What Is The Difference Between Elder Law and Estate Planning?
I practice Elder Law and represent the older client and their families. When clients come to see me, their concerns are not so much about what happens when they die, but more about ‘What happens if they don’t die.’ Of course, they want to make sure that their assets pass to their family with a minimum of expenses and taxes. But […]
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Medi-Cal Qualification
This is a brief list of exempt assets for Medi-Cal qualification. Your home is generally exempt, and you can take steps to protect your home from a Medi-Cal lien after your death. Your household goods and personal belongs are exempt. You can have an exemption for one car. Term life insurance policies are excluded, but you cannot have […]