Have you checked in on your older in-laws and parents lately? The holiday season affords a good opportunity for you to see them and observe how they are doing. Here are a few things you should consider when you see them. Driving If your older loved one is still driving, find an excuse to ride […]
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Preventing Financial Elder Abuse – Wait Three Days Before Signing Anything
How to Prevent Financial Elder Abuse – Wait Three Days Before Signing Anything: When I was a child and I earned some money, a hole would immediately start burning in my pocket. I would be excited and tell my mother what I wanted to buy with the money. She would tell me to think about […]
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Preventing Financial Elder Abuse-Personal 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’ care. […]
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Your Home and The “Heggstad” Petition
Your home should be transferred to your revocable living trust for various reasons. One reason is to avoid probate of your home upon your death. Another reason is that as of January 1, 2017, if you die after having been on Medi-Cal, the state will not be able to pursue recovery against your home if […]
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California Still Has A 30 Month Look Back for Gifting
California still has the 30 Month Look Back Penalty Period for Gifting. There is a federal law known as the Deficit Reduction Act (DRA), which has a 60 month look back penalty period. However, California has not to date implemented that law. Medi-Cal eligibility workers are required to use the 30 month look back period. […]
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How Much Are Probate Fees?
In California, Probate Code section 10810 statutorily sets the maximum amounts that executors and attorneys may be paid for their fees. The amount of attorney fees and executor fees are ordered by the court at the end of case. If the case is complicated, for instance where litigation is involved, the attorney can request that […]
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VA Benefit May Help Cover The Costs of In Home Care or an Assisted Living Facility
The Veteran’s Administration has a pension benefit known as Aid and Attendance, for the benefit of older, disabled war time veterans who have served at least one day in the service during an official wartime period. This benefit can help pay the costs of in home care, board and care and assisted living facilities. The […]
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How Much Can I Have In IRA’s and Still Qualify for Medi-Cal?
We are often asked the question as to how much you or your spouse can have in IRA’s and 401k’s and still qualify for Medi-Cal. The Medi-Cal applicant, or the ill spouse, can have any amount of IRA’s, 401k’s etc. These are so-called “qualified funds.” The only requirement is that the Medi-Cal applicant must be […]
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Does Your Trust Have a Mandatory Bypass Provision?
Most modern Revocable Living Trusts do not have a Mandatory Bypass Provision, which is usually good planning. This provision is normally NOT necessary, and if you have one, it can cause unnecessary headaches after the first spouse dies. A mandatory bypass provision will require splitting and re-titling of the trust assets between a Revocable Survivor’s […]
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Springing vs. Immediate Financial Powers of Attorney
You should have a Financial Durable Power of Attorney (DPA) as part of your asset protection estate plan. This DPA allows your attorney in fact, such as your spouse or a child, to handle various financial matters and transactions for you. Categories of these powers include real estate, banking, financial institutions, retirement plans, trust activities, […]