Horizon Elder Law & Estate Planning Blog

There is a common assumption that people who inherit through a trust do not have to pay any taxes, but that is not always correct. Because trust beneficiaries do have to pay taxes in certain situations, you will want to think about how to minimize the tax consequences for the beneficiaries of your trust.

A California estate planning attorney can help you explore your options for beneficiary income Read more . . .

California law contains time limits to contest a will or object to the appointment of a personal representative, as well as many other aspects of the administration of an estate. You need to know these deadlines if you plan to take any of these actions so that you do not lose the legal right to do so.

Contesting a will and challenging a personal representative are challenging tasks. Rather than trying to handle these situations by yourself like a DIY project, you might want to talk to a California estate planning attorney about acting on your behalf.

The Deadline to Object to a Will

You could file a will contest at any moment after the first will gets filed with the court but before the judge admits the first filed will to probate.
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Many parents who have children with special needs are shocked when they discover that a parent can no longer manage the medical care, education, or financial matters of their child when the child turns 18. Also, you will not have the legal authority to access your child’s educational or medical records. You have limited legal options for handling the situation to protect your child.

A California estate planning attorney can answer your questions about how a special needs guardianship protects against Medicaid issues.

An Overview of Special Needs Guardianships

A guardianship of your child with special needs involves asking the court to appoint someone who will have the legal authority to make decisions on behalf of the person with disabilities.
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Some people are able to drive safely well into their advanced years, but for some others, deteriorating eyesight, slowed processing time, the onset of Alzheimer’s disease or another form of dementia, or some other facet of the aging process impacts their driving ability. Rather than wait for a tragedy to happen, there are things one can do to address this issue with their aging loved ones.

A California Read more . . .

The Centers for Medicare & Medicaid Services (CMS) created a Five-Star Quality Rating System “to help consumers, their families, and caregivers compare nursing homes more easily and to help identify areas about which you may want to ask questions.” The rating system was a wealth of information, but one can easily get lost in so much data.

A California long-term-care planning attorney can help you plan and prepare for the move into a long-term care facility. Now, let’s talk about using nursing home ratings: how to find a high-quality home.

The Rating System

The CMS nursing home rating system uses a simple five-star rating methodology.
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The terminology in the administration of the estate of a deceased person can be confusing. Three of the principal terms one needs to understand are executor, trustee, and administrator. An administrator processes the estate of a person who dies without leaving a valid will or trust, a situation called dying intestate. An executor follows the instructions of a deceased person’s will. A trustee manages and distributes the assets of the decedent according to the terms of a living trust.
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You have worked hard to accumulate your assets and property. However, you could lose a substantial portion of your savings and assets because of a lawsuit. Even if you were not at fault, a jury could decide you are liable. If so, the party seeking compensation could pursue claims against your assets.

After your death, creditors could file claims against your estate.
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There is so much misinformation going around about trusts and other estate planning topics that we thought we would clear up a few things. You do not want to rely on what your friend’s uncle’s brother’s neighbor’s coworker’s golf buddy supposedly said about California trusts.
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There’s no doubt that having kids can be financially taxing. However, it’s important to note that not all children cost you the same amount of money. When you have multiple children, you likely want to ensure that your kids feel as though they are treated fairly and equally. For that reason, you may be thinking about splitting your property to be divided equally among them. But as mentioned, different children have different financial needs at different points in time.
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A Physician Orders for Life-Sustaining Treatment (POLST) is a physician order that helps give people with severe illnesses more control over the end-of-life care they will receive. A POLST and an advanced healthcare directive can include some of the same terms and instructions, but there are quite a few differences between these documents.

A California estate planning attorney can explain these documents and answer your questions, such as, what is the difference between a POLST and an advance healthcare directive? Your lawyer can also draft these and other documents to help you be prepared for future situations.

Differences Between a POLST and an Advance Healthcare Directive

Here are the ways in which a POLST and an advance healthcare directive are not the same:

• They are different types of documents. An advance directive is a legal document, whereas a POLST is a medical order.
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Looking for an assisted living center for your aging loved one can cause high anxiety. You want your relative to be happy, safe, and healthy, but you might not have confidence in your ability to select the right place, particularly if you have never gone through this process before.

Here is a sampling of the right questions to ask when choosing an assisted living facility. A California estate planning attorney can provide additional guidance and draft legal documents to make sure your loved one is protected and prepared.

How Many Residents Live at the Facility and at What Level of Assistance?

When there are enough residents, the facility is likely to have more variety in its activities, food options, floor plans, and other features than a smaller center.
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