With Your Family in Mind
Does A Living Trust Provide Asset Protection?
I get asked this question quite often. And my answer is always no: You do not get creditor protection from a revocable living trust. This can upset people sometimes because they really want that protection and they have “heard” they can get it with a trust. I believe people are confused because...
What A Trust Can Do For You
There are many different kinds of Trusts, and each serves a different purpose. Trusts are not “one-size-fits-all” documents. The appropriate type of Trust should be selected and designed only with the assistance of an experienced Elder Law/Estate Planning Attorney. The Attorney should discuss...
Heart-Healthy Foods
It is critical seniors consume healthy foods and snacks that promote good health. A doctor should be consulted before making any diet changes, 1. Berries and grapes: While blueberries are a number one choice because they contain high levels of antioxidants, other berries such as raspberries,...
What is Living Separate and Apart, How Does it Affect My Divorce?
The Date of Separation in a dissolution of marriage action can have a financial impact on the parties. The Family Code states that the “earnings and accumulations of a spouse and the minor children living with, or in the custody of the spouse, while living separate and apart from the other...
The New Impact of Domestic Violence on Child Custody and Visitation
For many years Family Code Section §3020 instructed the court that “it is the public policy of this state to ensure that the health, safety, and welfare of children shall be the court’s primary concern in determining the best interests of children when making any orders regarding the...
April Showers Bring May Flowers
Spring break may have brought you a fun vacation or possibly a nice, relaxing stay-cation. For those divorcees or those going through a divorce, it can also bring tension and custody issues; turning family fun into a custody battle. If you are experiencing a tug-of-war with your ex over...
Five Rights That Trust Beneficiaries Have
If you are a “current” beneficiary of a trust and you are not also the Trustee, it may feel like you are at the mercy of the Trustee. If the Trust is “revocable”, trust beneficiaries other than the settlor have very few rights. State law and the terms of the trust determine exactly what rights...
Celebrating Memorial Day
Beyond the barbeque and sunshine that accompanies a typical Memorial Day celebration, the holiday carries a special significance for many of today’s seniors and Americans overall. It may bring back memories of loved ones lost while serving in the U.S. Military, or a senior’s own time spent...
California Elder Law versus California Estate Planning What’s the Difference?
Not only do the public and my clients ask me this question, but sometimes estate planners ask me this question! So why the confusion? Well, for starters, both terms, “elder law” and “estate planning” are misnomers. Estate planners are not advising people on how to become rich. Similarly, elder...
Avoiding Bitter Custody Battles
One of the more horrific stories in the news this week was the salon shooting in Seal Beach, California. It was alleged that at least eight people were killed by a man enraged over a custody battle. Issues of custody commonly arise in Family Law cases. But they do not all have to be bitter...
What is Living Separate and Apart, How Does it Affect My Divorce?
The Date of Separation in a dissolution of marriage action can have a financial impact on the parties. The Family Code states that the “earnings and accumulations of a spouse and the minor children living with, or in the custody of the spouse, while living separate and apart from the other...
The Importance of a Qualified Attorney
Nearly 20 bills relating to trusts, estates, Medi-Cal, elder law, and probate became law this year. We also had significant changes to our estate tax laws on the federal level. The laws keep changing, becoming more complicated. It is very important to seek legal advice from an attorney well...
NCIS A Class Act!
I simply must share this experience! In support of our local senior center, I purchased an auction item at this year’s Celebrity Waiter Dinner for a set visit to the locally filmed television show NCIS, donated by their Locations Department, as they have filmed many times at our senior center....
Stay-At-Home Parents and Child Support
Child visitation and support, one of the most complex and stressful aspects of a divorce, can become even more complicated when one parent has left the workforce to care for their children. In trying to determine support, many stay-at-home parents report being threatened by their spouse to...
Communicating with my spouse during Divorce
During divorce it is common for conversations between spouses to become tense, teary or impossible to manage. Unfortunately, however, communicating with your spouse may be necessary to finalize your divorce, or, if you have children, to continue co-parent together. If you are in a tense...
Providing a Transfer was not made in order to qualify for Medi-Cal
Medi-Cal imposes a penalty period if you transferred (gifted) assets within five years of applying. What if the transfers had nothing to do with Medi-Cal? For example, what if you made a gift to your daughter to help her through a rough time? If you unexpectedly fall ill and need Medi-Cal to...
April is Parkinson’s Awareness Month
Parkinson’s disease is a progressive nervous system disorder that is caused by loss of nerve cells in the brain which leads to a reduction of a chemical called Dopamine. Symptoms may include trembling of the limbs, stiffness, poor balance and coordination, slow movement, speech difficulties...
The Three Biggest Senior Estate Planning Blunders
It might be shocking to learn, but the truth is that there are a variety of dangers lurking in most estate plans. Some potential issues are relatively benign, while others are extremely costly and time consuming to fix - if they can be fixed at all. Unfortunately, the three most harmful...
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