A good estate plan typically includes a Health Directive where you appoint a trusted friend or family member to not only make medical decisions for you, but to also take care of how your remains are handled at your death. Even if you express whether or not you wish to be buried or cremated in your Health Care Directive, it is always a good idea to prearrange and prepay your disposition. Prearrangement not only takes the financial burden off of your family at the time of your death, but it also relieves the anxiety that your family may feel trying to plan the type of disposition they think you ..read more

Many parents want to ensure that their children inherit their house. Most people believe the easiest way to do this is to gift the house to their children while they are alive. The parents plan to live in the home until they pass away, but not own it. While this may seem easy, there are a lot of serious tax and liability consequences when you put your kids on the deed to your house. First, your house becomes subject to your children’s lives. Specifically, if your kids have creditors, they can come after the house for the children’s debts. If your children are sued, the house you are living in ..read more

A living trust is a legal document that serves your during your lifetime and at your death. When you create a living trust, you are typically the trustee (the person in charge of the trust) and the settlor (the creator of the trust). When you pass away your back-up agent (successor trustee) will step up to administer your estate. In addition, if you become unable to manage your assets due to health reasons, you can voluntarily resign or be removed as trustee by a doctor’s note. When deciding who will be the best fit to act as your successor trustee, you want to consider the person’s capability ..read more

The purpose of a special needs trust, sometimes abbreviated as an SMT, is to allow an individual who is disabled to still be eligible to pursue and recover various types of public assistance benefits — even if their assets would make them unable to obtain these benefits under usual circumstances. The State of California recognizes two different types of special needs trusts, depending on the disabled individual’s circumstances, which include first-party and third-party special needs trusts. A knowledgeable California estates and trusts lawyer can answer all your legal questions and address you ..read more

Parents with a special needs child understand better than most people the importance of preparing for the future. When they can no longer financially or physically care for their child in direct ways, they have options to ensure their child is still taken care of. One of these options is a special needs trust. What is a Special Needs Trust? A trust is a legal arrangement in which an individual or financial institution, referred to as the trustee, possesses and manages assets for the beneficiary’s benefit. Trusts have documentation that detail: The extent of the trustee’s authority How the tru ..read more

‘Expect the best,‘ they say. ‘Be ready for the worst.’ Though we must all cultivate a cheerful attitude, we should also take precautions to ensure that life’s unexpected events do not catch us and our loved ones off guard. You should carefully consider preparing an estate plan with an estate planning attorney in California to ensure smooth sailing through challenging moments.   An estate plan might help you avoid family conflict. It precisely describes the method through which the executor must manage and dispose of the person’s estate during their lifetime and after their death. An estat ..read more

Medi-Cal is California’s Medicaid health care program. If you have a low income and assets, you may be eligible for a variety of medical treatments through Medi-Cal. If you are qualified and live in California, Medi-Cal provides health care at a low or free cost.   The Department of Health and Human Services (DHCS) will consider your age, income, and resources when assessing whether you qualify for coverage. A Medi-Cal planning attorney in California can assist you through the application process and explain your choices for fulfilling the income and asset limits.   Tips for Medi-Cal ..read more

Making a will usually triggers an unsettling realization of mortality. But it should also make you think about your obligations to your survivors and, if your financial situation allows it, your community or charitable interests. A will minimizes the likelihood of disagreements by outlining your objectives and dictating how your assets will be distributed. It also gives instructions to your survivors on how to manage your estate. You can name an executor in your will who you believe to be capable and reliable.   If You Die Without a Will If you pass away without leaving a will, your state ..read more

Trusts are governed by law and serve to protect assets while guiding their use and disposal in accordance with the intentions of their owners. While trusts can be used both during a person’s life and after their creators pass away, wills only take effect when the creators pass away. Wills and trusts can serve as efficient estate planning tools, either individually or together.   WILLS A will is a legal document that specifies who will receive your assets after your death, including your chosen beneficiaries and heirs. It may also contain your instructions for decisions that must be made r ..read more

Probate is a legal process occurring in probate court after someone’s death that deals with their finances and assets. It ascertains the validity of the deceased individual’s will and if someone has been appointed as the executor of their estate. An executor handles the estate and distributes its assets according to the will. If there is no will, the probate process identifies who should receive the decedent’s assets and in what amounts. The probate process can be complex, and those managing it will likely benefit from an experienced California trust administration attorney. Is Probate Require ..read more