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 »
Posts Categorized: General Items
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 »
Governor Proposes to Restore Medi-Cal Resource Caps
Q: I just heard that Governor Newsom has proposed the reinstatement of the former asset test to qualify for Medi-Cal benefits. Is this true and, if so, what does this mean for seniors who might need long term care in the future? Is there anything we should do now to plan for this change? A: … Read More »
Understanding the Difference Between a Will and a Trust
Q. What is the difference between a will and a trust? Some of my friends seem to use the terms to mean the same thing? A. Yes, many people do use the terms interchangeably, but in reality they are quite different, although they often work together to form a complete estate plan. A will is… Read More »
Does Your Older Trust Need An Update?
Q. My wife and I had our Living Trust prepared back in the year 2001. I hear there have been changes in tax law since then which might affect us. Is it time to have our trust reviewed? A. Yes, Indeed!. When you created your own trust, the estate tax exemption was much smaller than… Read More »
New SSI Rules Will Make It Easier For SSI Recipients To Avoid Benefit Reductions
Q. My wife and I have an adult son with a disability. He receives SSI and lives in our home and pays us a modest rent from his SSI benefit. We also help him with groceries. We report this to SSI. To date, our “assistance” to him has been deemed a subsidy by SSI, and… 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 »
Are You Missing Out on Benefits?
Q. Is there any resource on the Internet which has a compilation of benefit programs for seniors, all in one place and that’s easy to use? A. Yes! You may be unaware that seniors have access to hundreds of federal and state benefits programs that may assist them. Many retirees meet the requirements for these… Read More »
Legal Action Plan 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 dementia, it is important to take action to get your affairs in order. Here is… Read More »
Mediation Can Help Preserve Family Harmony
Q. My parents are aging and I find that they are in greater need of assistance for care, paying bills, shopping, and the like. The problem is that there are four of us children and we do not always agree on what is best for mom and dad. I am concerned that, as my parents’… Read More »