Q: I have a Living Trust, prepared some time ago. I recently heard that it was a good idea to also have a Will. However, I thought the trust took the place of a will. Can you clarify this? A. Sure. Attorneys who prepare trusts generally also prepare a backup will to coordinate with the… Read More »
Blog Posts Page 25
New Reverse Mortgage Rule Protects Younger Surviving Spouses From Foreclosure
Q. I hear that there is a new reverse mortgage rule that protects younger surviving spouses from being forced out of their home when the older spouse dies. Do you know anything about this? A. Yes, a new HUD reverse mortgage rule went into effect on August 04, 2014, and seeks to protect certain surviving… Read More »
Dealing with the Home When Your Spouse Can’t Sign
Q. My husband has dementia and I wonder about my ability to refinance or even sell the home, as he cannot sign. The home is held in a Living Trust. Can you advise? A. The short answer is that it may be easier for you to sell the home than it would be to refinance…. Read More »
Should I Become Mom’s Representative Payee?
Q. Mom recently moved in with us so we can help care for her. When we notified Social Security of this, they asked if I wished to become mom’s representative payee. Is that something I should do? A. It all depends. In the Social Security system, a representative payee is appointed to receive funds for… Read More »
Is My IRA Safe from Creditors?
Q. My wife and I have a lot of credit card debt and we are having difficulty keeping it current. Most of our savings is in my IRA. Are these funds protected from our creditors? A. In California, Traditional IRA accounts enjoy only limited protection under state law, but expanded protection under federal bankruptcy law…. Read More »
Novel Gift Idea For The 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 »
Medicare Available For Chronic Conditions, But Word Slow To Get Out
Q. Following my husband’s return home from a hospital stay, Medicare paid for a home health agency to give him therapy at home. However, we were just told that Medicare would stop paying for these visits because his condition was not improving. Does that sound right? A. No, it does not. Some background may be… Read More »
Using Life Insurance to Raise Money for Care
Q. My husband is in poor health and we need to find a way to pay for care to keep him at home. He has a life insurance policy payable on death, but I heard that there may be ways to access policy benefits during lifetime. Can you advise on this? A. Sure. There are… Read More »
Helping Parents With A Private Reverse Mortgage
Q. My parents are in their 80’s and could use some financial help to remain in their home. Fortunately, I am in a position to help, but my parents are reluctant to accept gifts. I heard something about a family loan that works like a reverse mortgage. Do you know anything about this? A. Yes…. Read More »
Must We Cash in Our IRA’s to Qualify for Nursing Home Medi-Cal?
Q. My wife 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 »