Q. Our parents are up in years and have become increasingly frail. I know that they both have definite wishes about advance care planning and end-of-life decisions. Any suggestions on how we might help them make sure that their wishes are honored? A. Yes, I do. The first step is to begin the conversation. There… Read More »
Blog Posts Page 3
Legal Steps After an Alzheimer’s 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? Yes. Once you or loved one has been diagnosed with Alzheimer’s, it is important to take action to get your affairs in order. Here is my… Read More »
Can Beneficiaries Be Changed After Death? The Disclaimer
Q. My mother just died, and her Will leaves her estate equally to us three children. I am fairly well-off, but my two brothers are not quite as fortunate. Is there a way that I can redirect some or all of my share to them in a tax efficient way? A. The answer may very… Read More »
Do I Need To Update My Power of Attorney When Addresses Change?
Q. When I signed my Power Of Attorney a few years back, my primary and successor agents lived at different addresses and had different phone numbers than they do now. In order for it to remain valid, do I need to completely re-do it? A. I do receive this question from clients from time to… Read More »
Fixing a Problem Trust After the Death of a Spouse
Q. My wife and I created a Living Trust back in the year 2001. We never thought to have it reviewed or updated. She recently died and I just re-read our trust. To my surprise, it requires that her half of our assets go something called a Bypass Trust and greatly limits my access to… Read More »
Joint Tenancy vs Tenancy in Common: What’s The Difference?
Q. My brothers and I plan to buy a home together, and wonder whether we should take title to the home as joint tenants or as tenants-in-common. Can you explain the difference? A. Sure. There are distinct differences between these forms of ownership. The principal differences pertain to the equality of ownership and the right… Read More »
May Someone With Dementia Create a Will?
Q. My husband and I would like to make wills, but I am concerned because he has been recently 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… Read More »
A Novel Gift Idea for the Graduate
Q. Our grandson will be graduating from college soon, and we would like to get him a gift which recognizes the beginning of his adult life and career. We thought that something of a “legal” nature might be worthwhile, and wondered if you have any ideas? A. Great thought and indeed I do. Why not arrange… Read More »
Can I Keep My SSI If My Ex-Spouse Pays Me Support?
Q. I recently qualified for SSI and Medi-Cal, but I am going through a divorce . I worry that when my ex-spouse is ordered to pay me Spousal Support, I may then lose my SSI and Medi-Cal. Is there a way that I can keep my public benefits and also receive support? I am now… Read More »
When Your Most Valued Assets Are Not Covered by Your Will
Q. My wife and I hold title to our home as joint tenants, and most of our cash assets are in the form of two large IRA accounts and one big annuity. We have basic wills which leave everything to the other and then on to our children. Our son suggested that our wills may… Read More »