Modern Estate Planning Blog

Selecting the right person to serve as a trustee for a Special Needs Trust is important, as he/she will need to make distributions, file tax returns and carry out numerous other duties that go along with administering a trust.

Any interested party that wishes to remove an executor would have to petition the probate court to have the executor removed and present a reason. It’s best to have a Sacramento probate lawyer advise you first and help you with this petition.

It’s always best practice for a person to write down one’s intentions for their property when they die. However, many people still die intestate (without a will), and their intentions aren’t known.

Most people in the disability community have heard about ABLE (Achieving Better Life Experiences) Accounts. If you haven’t, it is similar to a 529 College Savings Plan, but allows tax-free withdrawals to be used for qualified disability expenses.

When it comes to estate planning, most people think of streams of income that are typical, such as current employment, retirement plans, and bank accounts. These obviously need to be included. But, there are other, less obvious types of income that some people forget.

If the deceased person failed to do estate planning, the estate will more often than not require a probate proceeding. All of this could be avoided if the deceased had taken the time to talk to a qualified estate planning attorney and put their affairs in order.

It seems like common sense to be adding your child to your bank account so they can help with paying bills. This is convenient, but what people often don’t realize is that the child will have more authority than to just sign checks.

It’s a common story among blended families: an aging parent becomes ill and the parent’s biological children clash with the parent’s spouse. A spouse is the closest next of kin and generally has the power to make medical decisions for the other.

When you are young, or even middle-aged, it is hard to imagine that you could experience a disability. But, studies confirm that many of us will face at least a temporary disability some time during our lives.

A study in the Journal of Intellectual and Developmental Disabilities reports that only 3.6% of parents surveyed who have children with intellectual and developmental disabilities have established legal guardianship/conservatorship, Powers of Attorney or have secured residential placement for their child in the event the child outlives them.

Nearly every week, we receive calls from family members who are upset about a deceased loved one’s estate. Unlike in TV shows, real-life family feuds are no fun.

Unfortunately, many parents of children with special needs wait until their child turns 18 to consider creating a Special Needs Trust. Sometimes they even wait until their child eventually needs government benefits like SSI or Medi-Cal.

The number of adult children caring for their elderly parents is growing at a very fast pace. If you are a baby boomer and not already, chances are high that you might be facing this situation soon.

There are many issues to take into account when choosing a care facility for a loved one suffering from Alzheimer’s disease. The facility must be equipped to handle a variety of issues such as memory loss, loss of speech and the eventual loss of all cognitive functions.

One circumstance that is especially relevant to elder care law is dementia. Alzheimer’s disease and other forms of dementia are almost exclusively conditions which appear late in life.

There are so many myths surrounding Medi-Cal eligibility! One of the most common myths is the belief that only 50% of the funds in a jointly-owned bank account will be considered as an asset for the purposes of calculating Medi-Cal eligibility.

Unless you were living under a rock, you most likely heard about the tax reform bill that was passed through Congress and signed by the President over the holidays.

Like many Americans, your home is probably your largest asset. However, if you have children who have grown and moved away, you’re left with an empty nest, quiet and big. You may be torn between keeping the house and passing it to your children someday or selling it.

What comes to mind when you think of “adverse possession,” if anything? Do you think of squatters taking over a vacant house or a person continually encroaching on their neighbor’s yard?

The Achieving a Better Life Experience (ABLE) Act, which was created by Congress in 2014, allows people with disabilities and their families to save up to $100,000 in accounts for the benefit of a disabled person.