It may surprise you to know that estate planning is not one and done. Because life, the law, including tax laws and estate planning techniques change, your estate plan may need to change as well to address these changes. If your estate plan is stale, it may not work. When an estate plan doesn’t work, it doesn’t do what you want it to do. Legally Valid, but Not Honored A stale estate planning documents is likely still legally valid; however, loved ones may have difficulty having them … [Read more...] about Should You Review Your Estate Plan?
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Concerns about Beneficiaries Can be Addressed in Estate Plans
As life unfolds, our loved ones change and have evolving needs; and, new loved ones are born or join our family through marriage and adoption. When creating your estate plan, consider your beneficiaries’ potential needs. Special Needs and Governmental Assistance At some point, one or more of your beneficiaries may be receiving governmental assistance because of a special need. It may be Grandma Allison in a nursing home or Grandson Jeremy with autism. You don’t need to disinherit family … [Read more...] about Concerns about Beneficiaries Can be Addressed in Estate Plans
What are the Essential Estate Planning Documents?
A common inquiry from clients is what legal documents do they need to protect themselves and their loved ones in the event of their incapacity or death. These answers can be provided by an experienced and qualified estate planning attorney. Your attorney will have a conversation with you and collect important family, health, financial, goal, and concern information. He or she will then, with your input, design an estate plan that includes several estate planning documents, which are all … [Read more...] about What are the Essential Estate Planning Documents?
What is a California Advance Health Care Directives?
Advance health care directives are the medical portion of a California estate plan. They typically include the designation of a health care agent, a statement of wishes concerning end of life care (commonly called a living will), instructions concerning organ donation and provisions for the disposition of remains. You can also add any other medical instructions you so desire. In other states, such documents are called durable powers of attorney for health care and directives to physicians, … [Read more...] about What is a California Advance Health Care Directives?
Jointly Owned Property And Probate
There are two types of probate, living probate and probate at death. Joint tenancy, a common form of jointly owned property, doesn’t avoid either type of probate. Living Probate Living probate is called “conservatorship” in California; it occurs when someone becomes disabled (i.e. incapacitated) and can’t manage his or her own finances. The court holds a hearing and determines whether the individual is indeed disabled; if so, all assets, including jointly owned assets, are frozen. The … [Read more...] about Jointly Owned Property And Probate
Top Reasons Your Estate Plan May Fail You (part 2 of 2)
You not only need to an estate plan, but you need one that will meet your individual needs. With the right plan in place, you and your family will be protected for the future. There are reasons why your current plan may fail you. Take a look at the following reasons, to better understand the importance of a solid plan. If you have any questions, or if you’d like to update your estate plan, contact a qualified, experienced estate planning attorney. You only create a will. Many people … [Read more...] about Top Reasons Your Estate Plan May Fail You (part 2 of 2)
Top Reasons Your Estate Plan May Fail You (part 1 of 2)
While it’s important to create an estate plan, there are many things that can go wrong with your planning. This may mean that you’re still unprepared for the future because your planning doesn’t meet your needs. We'll take a look at six possible issues, to learn why your planning may not be as effective as possible. If you have any questions, or if you’d like to review your estate plan, contact an experienced, qualified estate planning attorney. You never update your plans. … [Read more...] about Top Reasons Your Estate Plan May Fail You (part 1 of 2)
Financial Exploitation of the Elderly — Signs that Your Parent May Be a Victim
As we age, so do our parents. At some point, the parent-child relationship dynamic effectively flip-flops and an adult child becomes the caretaker. If you find yourself at that point, you are undoubtedly worried about your parent becoming the victim of elder abuse. Among the most prevalent type of elder abuse is financial exploitation. To help you keep your elderly parent safe, the elder law attorneys at Northern California Center for Estate Planning & Elder Law discuss signs that your … [Read more...] about Financial Exploitation of the Elderly — Signs that Your Parent May Be a Victim
Are Your Digital Assets Included in Your Estate Plan?
When you think about estate planning, you undoubtedly think about the need to protect your assets and include plans for their distribution within your estate plan. You may even believe you have already done exactly that within your current plan; however, you may have forgotten some important assets – your digital assets. In today’s electronic age, including your digital assets in your estate plan is often necessary to ensure that all your assets are protected and to make it easier for your … [Read more...] about Are Your Digital Assets Included in Your Estate Plan?
Can I Contest a Will in California?
The emotional aftermath that follows the death of a family member is rarely easy to handle. Survivors often experience a number of heightened emotions, including grief, despair, and even anger. It can also be a confusing time for those left behind as they try and focus on the practical and legal ramifications of their loved one’s passing. What happens though, when questions arise about your loved one’s last days, weeks, or months? Specifically, what should you do if you question the validity of … [Read more...] about Can I Contest a Will in California?
