Elder care attorneys assist clients who want to address the eventualities of aging. Indeed, there are a number of different contingencies that you may face when you reach an advanced age. You should certainly be aware of them so that you can take the right steps to prepare yourself. Long-Term Care Costs One of the most pressing issues of our day is the matter of long-term care costs. Many people are lulled into a false sense of security. They believe that Medicare will pay for all of their … [Read more...] about How Do You Find an Elder Care Attorney?
Revocable Living Trust in San Jose: Who Should I Name as Successor Trustee?
When you are planning your estate, you may want to consider the creation of a revocable living trust. For the most part, these trusts are popular because they facilitate the transfer of monetary assets outside of the process of probate. Your estate must be probated when you use a last will rather than a trust to express your wishes regarding the distribution of your resources after you die. The probate process comes along with some significant pitfalls. Most people are going to want to … [Read more...] about Revocable Living Trust in San Jose: Who Should I Name as Successor Trustee?
What Are the Differences Between a Revocable Living Trust and a Medicaid/Medi-Cal Trust?
There are different types of trusts that are used for different purposes. One of the major distinctions between trusts is that some of them are revocable, and some of them are irrevocable. First, we will look at a common type of revocable trust called a revocable living trust, and we will then draw a contrast between this type of trust and a Medicaid/Medi-Cal trust. Revocable Living Trusts A revocable living trust is largely utilized as a tool to facilitate the avoidance of probate. When … [Read more...] about What Are the Differences Between a Revocable Living Trust and a Medicaid/Medi-Cal Trust?
Free Living Trust Seminars Coming In May
We make an effort to get out into the community on an ongoing basis to bring good information to people here in the greater San Jose area. To this end, we present an ongoing series of informational sessions that cover various different elder care and estate planning topics. Our workshops and seminars are free of charge and open to the general public. During the month of May, we will be offering seminars that focus on the subject of living trusts. Why Consider a Living Trust? Some people are … [Read more...] about Free Living Trust Seminars Coming In May
When Does a Power of Attorney Become Effective?
You can prepare for the possibility of incapacity late in your life by executing a document called a durable power of attorney. With a power of attorney, you name someone else to act on your behalf in a legally binding manner. Durable powers of attorney remain effective even if the grantor of the device becomes incapacitated. It can be tricky to create a durable power of attorney to account for the possibility of incapacity, because you do not know if you will ever become unable to make your … [Read more...] about When Does a Power of Attorney Become Effective?
Incapacity Planning in San Jose: Difference Between a Conservatorship and a Power of Attorney
We like to answer frequently asked questions on our blog, and today we will look at the difference between a conservatorship and a power of attorney. California Adult Conservatorship First, we should clear up the matter of guardianship versus conservatorship. Guardians and conservators are court-appointed representatives. In some states, a guardian would make personal decisions for a ward, and a conservator would make financial decisions. In others, a guardian makes all types of decisions for a … [Read more...] about Incapacity Planning in San Jose: Difference Between a Conservatorship and a Power of Attorney
What Assets Can I Keep When My Spouse Applies for Medi-Cal?
When you are evaluating your potential retirement expenses, you should take the matter of long-term care very seriously. It is more likely than not that you will eventually need help with your activities of daily living. Long-term care is very expensive, and Medicare will not pay for it. Medi-Cal is a government health insurance program that will pay for long-term care if you can qualify. It is California's version of the national Medi-Cal program. Because of the exorbitant costs associated … [Read more...] about What Assets Can I Keep When My Spouse Applies for Medi-Cal?
Do People I Name in My Will Pay Taxes on Their Inheritances?
There are some questions that arise with regard to taxes on inheritances. In this post we will look at a basic overview. Inheritance Taxes There is such a thing as an inheritance tax per se. An inheritance tax is levied on transfers to each nonexempt person who is receiving an inheritance. There is no inheritance tax on the federal level, but there are some states in the union that impose inheritance taxes on the state level. Our firm practices law in the state of California. Here in … [Read more...] about Do People I Name in My Will Pay Taxes on Their Inheritances?
When Is The Right Time To Do Medicaid/Medi-Cal Planning? (An Elder Law Today Blog)
Our office receives numerous calls from concerned loved ones and family members wondering if or when they should start Medi-Cal planning (Medicaid is called “Medi-Cal” in California). The answer: It is never too early or too late to discuss the planning options available. Below are just two examples of the many types of calls we get every day where we advise clients that Medi-Cal planning is an option right now. Mrs. Jones is an 81-year-old widow experiencing short-term memory loss. She is … [Read more...] about When Is The Right Time To Do Medicaid/Medi-Cal Planning? (An Elder Law Today Blog)
The Importance of Incapacity Planning
THE IMPORTANCE OF INCAPACITY PLANNING Who Will Manage Your Health Care Decisions? For most of our lives, the greatest risk to our well-being is the ever-increasing likelihood of becoming seriously ill or injured. When illness or injury makes us unable to manage our own affairs, we may face the legal ordeal of a Conservatorship which can be a living nightmare for those who must go through it. Many people fail to plan ahead for their possible incapacity because they think it only happens to … [Read more...] about The Importance of Incapacity Planning
