Estate planning is a crucial component of asset protection. By creating a comprehensive estate plan that includes wills, powers of attorney, and healthcare directives, you can ensure your assets are managed according to your wishes, even if nursing home care becomes necessary. Consult with an elder law attorney to develop a tailored estate plan that safeguards your assets and provides peace of mind.
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 […]
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 […]
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 […]
A 2013 study published by the MetLife Mature Market Institute estimated that elders are defrauded of approximately $2.9 billion dollars annually. The reason for this seems to be that older people are too trusting of strangers. My own father, who was in sales his entire life, was too easily talked into buying things he did […]
In previous blogs, we have discussed how we can establish the home as an “exempt asset” for qualification for Medi-Cal. Your elder law attorney can help you take the steps necessary to exempt your home and help you qualify for Medi-Cal. However, if your home is in your estate when you pass away after having […]
As part of your long term care planning, you can also plan ahead for payment of funeral costs. You can put an amount you decide on into an “irrevocable final expense trust” which will pay for funeral and related costs at the time of your passing. The money you put into the final expense trust […]
On August 17, 2006, the President signed into law The Pension Protection Act of 2006. This law, which came into effect in 2010, can be very helpful to Baby Boomers and older clients who are looking for ways to private pay for long term care without coming up with additional funds. Many of our clients […]
As part of the Elder Care Journey as we call it, many of our clients will eventually need in-home-care. Our clients want to stay at home but will need help with various activities of daily living, such as eating, bathing, dressing, ambulating and toileting. In fact, our estate planning documents usually confirm an intent to […]
There will NOT be a look-back gifting penalty period for the VA Aid & Attendance Pension Benefit. On February 27, 2014, Senate Bill 1982, known as The Veterans Pension Protection Act, did not get the required votes to pass. One of the purposes of this bill, which also contained other provisions, was to help curtail […]
