Elder Law Today Newsletter Archive
- Update Estate Planning Documents February 2, 2019When and Under What Circumstances Should You Update Your Estate Planning Documents?? We are often asked this question. One of the first things you should check for in your revocable living trust and financial durable power of attorney, are Medi-Cal and government benefits asset protection provisions. In most instances, you should update your estate plan to a ...
- Preventing Financial Elder Abuse May 1, 2018Personal Relationships: One red flag that we have seen showing possible elder abuse is exhibited by family members who are overly zealous about preserving the money that is being spent for the older person’s care. We have seen family members who are “caring” for an older person, refuse to spend sufficient funds for the older person’ ...
- What Happens To Mortgage During Probate March 1, 2018Probate for Realtors: What Happens to a Mortgage During the Probate & The Spousal Property Petition Mortgages In Probate Many probates involve real estate where a mortgage or note, is secured by a deed of trust which is recorded against title of the subject real property. Properly recorded mortgages survive the death of the borrower/owner of the ...
- Probates For Realtors Preliminary Report March 1, 2018Probate for Realtors – What To Do When The Preliminary Report Says Probate Required I am a probate and estate planning attorney in Walnut Creek, CA. I sold real estate in a prior life, and was in house counsel for 10 years for two title insurance companies in the Bay Area. When I was in house ...
- Publication Requirements Of Probate February 1, 2018When you file a petition for probate, the California Probate code requires that a copy of the notice of the petition for probate be published so that creditors can make a claim in the probate proceeding for any amounts that may be due to them from the decedent. A copy of the “Notice of Petition ...
- Will Probate Be Required? June 1, 2017Probate is not always required to clear title to your assets after you die. For instance, if you have a revocable living trust, a probate should not be required when you die. If your home is properly titled in your trust, then upon your death your home will be distributed to the named beneficiaries of ...
- Estate Planning And Asset Protection April 1, 2017Elder Law Today Newsletter | April, 2017 Estate Planning and Asset Protection for the Second Half of Life Many of us are now approaching the second half of our lives and are considering the future financial wellbeing of ourselves, our families and our loved ones. We may have experienced caring for an elderly loved one, and perhaps ...
- Peace For Parkinsons October 1, 2016Finding Peace of Mind for the Parkinson’s Family Parkinson’s Disease (or “PD”) is a chronic neurological condition, named in 1817 by Dr. James Parkinson, a London physician. PD is a progressive disease which affects the brain and lessens production of a chemical known as “dopamine.” This disease is not inherited and is not necessarily related to advanced ...
- Alternative Ways To Pay For Assisted Living May 1, 2015As we get older, it is important for each of us to plan for our long term care. In this issue, we will discuss several ways that your elder law attorney will help you to determine how to pay for your long term care. MEDI-CAL: We still have Medi-Cal in California which pays for the cost of ...
- Assisted Living Dementia January 1, 2014Choosing an Assisted Living Facility For a Loved One With Dementia Happy New Year! We would first like to wish all of our clients and our friends who are elder care professionals, a very healthy and prosperous New Year. We would also like to thank all of you for the referrals that you have made to ...
- Medi-Cal Qualification Rules November 1, 2012The New, More Difficult Medi-Cal Qualification Rules Will Be Here Soon The Medi-Cal qualification rules for nursing home care are about to change, and not for the better. If you have not updated your estate planning documents to include asset protection and government benefits planning language, you should definitely consider doing so now. In addition, if ...
- Probates Involving the Home June 1, 2012A PROBATE is a Court procedure that facilitates distribution of assets to beneficiaries at the time of one’s death. Probates are complex and require that numerous forms be completed and regulations are followed before the Court will sign an order distributing assets to beneficiaries or heirs. A probate with regard to a home can usually be ...
- Medi-Cal Qualification Guide April 1, 2012Medi-Cal is a California State program, which is designed to pay nursing home costs for qualified individuals. It is funded by the State of California and by the Federal Medicaid program. The following is our 2012 California Medi-Cal Quick Reference Guide, which briefly describes some of the State of California’s commonly referenced Medi-Cal monetary eligibility ...
- Selecting a Nursing Facility January 1, 2012The decision to move a family member or a loved one into a nursing home is one of the most difficult decisions you can make. Perhaps the move is being made because the family member can no longer care for him or herself…or perhaps the person has a progressive disease like Alzheimer’s, or has had ...
- Pre-Crisis Family Meeting November 1, 2011Why a Pre-Crisis Family Meeting With Children and Their Older Parents is Critical When my parents became older and started to have health issues some years ago, my mother insisted that we have a family meeting. My parents lived in Oakmont, which is a retirement village close to Santa Rosa. My siblings and I dreaded this ...