Q. Our father appointed me as executor of his estate, and I want to distribute his personal possessions among the four of us children in a way that is fair. Any suggestions as how I might do this? A. Yes. I assume by your question that your father did not leave any specific direction in… Read More »
Blog Posts
Inheritance While on Medi-Cal? How To Preserve Your Benefits
Q. My 86-year-old mother is in a nursing home and receives a Medi-Cal subsidy. We just learned that her brother died and left her $200,000 in his trust. Will the receipt of this inheritance bounce mom off of Medi-Cal? Is there anything we can do? A. The answer to your first question is easy: yes, the… Read More »
Preserving Your Parent’s Low Property Tax When Inheriting the Home
Q. My mom owned her home for 25 years before she recently passed, and she held that in her trust. Her trust leaves it 50-50 to my brother and me. I would like to keep the home by purchasing my brother’s interest for cash, and he is okay with that. Is there a way that… Read More »
Must We Cash in IRAs to Qualify for Nursing Home Medi-Cal in 2026?
Q. My husband may soon need nursing care and I will need to apply for a Medi-Cal subsidy to help with the cost. Our incomes are modest and, aside from our home, most of our savings is in the form of our IRA’s. A friend thought I would have to cash them out and “spend… Read More »
How to Activate a POA Upon the Incapacity of the Signer
Q. My father signed a durable power of attorney a few years back, making it effective only in the event he later became unable to handle his own financial affairs. Sadly, I think that time has come. How do I activate it so that I, whom he designated as his agent, can now act for… Read More »
Protect Deceased Loved Ones from Identity Theft
Q. My father just died and I have been named as his executor. Are there steps I should take to protect against theft of his identity? A. Yes. As disturbing as it may seem, even the identity of the deceased is subject to identity theft. By one estimate, thieves steal the identities of more than… Read More »
In 2028, Home Equity To Be Capped at $ One Million for Long Term Care Medi-Cal for Seniors
Q. I heard that, as part of the recently passed Trump Tax Bill, that home equity will become a factor for Medi-Cal eligibility, at least for Seniors. That wasn’t really discussed in the press. Is it true? A. Yes, indeed, effective January 1, 2028. You are correct that this issue was not really discussed in… Read More »
New Medi-Cal Rules: Return of the Asset Cap in 2026
Q. You recently wrote an article advising that Governor Newsom was proposing a return to the former asset cap of $2,000 for those older individuals seeking to qualify for Medi-Cal. Has there been any decision on this? A. Yes, indeed! And the news is not as bad as many of us feared. A little background… Read More »
May Someone with Dementia Sign a Will?
Q. My husband and I would like to make wills, but I am concerned because he has been diagnosed with early-stage dementia. Legally, can he still make a will? A. It depends, but very often the answer would be yes. Under the law, he must have what is called “testamentary capacity”. This means that at… Read More »
Legal Steps After a Dementia Diagnosis
Q. My husband was just diagnosed with Alzheimer’s, but still seems to be generally okay. Are there legal steps we should take by way of planning for the future? A. Yes. Once you or loved one has been diagnosed with Alzheimer’s or other cognitive impairment, it is important to take action to get your affairs… Read More »
A Different Gift Idea That Sends Powerful Message to the New Graduate
Q. Our grandson is graduating college and we would like to get him a gift which recognizes the beginning of his adult life and career. We thought of something of a “legal” nature and wondered if you have any ideas? A. Great thought and indeed I do. Why not arrange through your attorney to provide… Read More »