Horizon Elder Law & Estate Planning Blog

Transferring assets of a deceased person’s estate do not have to be onerous. California provides a simplified procedure that allows the transfer of estate assets in some situations without having to go to probate court. Also, there are ways that a living person can arrange for specific assets to transfer to their beneficiaries automatically when the current owner dies.

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Revocable trusts have become an increasingly popular probate-avoidance tool among California residents. Under the umbrella of a revocable trust, assets are protected from passing through a lengthy and costly probate process. However, this only holds for assets retitled in the name of the trust.

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California has historically provided four options for the transfer of real property upon a property owner’s death:

1. joint tenancy agreements
2. community property with right of survivorship
3. wills
4. living trusts

However, in January 2016, the California Legislature passed Assembly Bill 139, allowing a fifth option for the non-probate transfer of property to a designated beneficiary, known as the Revocable Transfer on Death Deed.
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A will and a trust are both ways to protect your heirs and make sure that the people you want to inherit from you do so, but there are quite a few differences between wills and trusts. If you do not have either a valid will or trust when you die, you are intestate, and California law will decide who gets your assets after you die.

The only way to control what happens to your things after you pass on is to have a will or trust that meets our state’s requirements for validity. Read more . . .

Special powers of attorney grant the agent limited authority to person a specific task or category of actions. The agent is the person the power of attorney names to take action on behalf of the principal. The principal is the person who makes and signs the power of attorney. Another term for special power of attorney is “limited power of attorney” or “specific power of attorney.”

Special powers of attorney can be an essential part of your estate plan as well as deal with unique situations throughout your lifetime.
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There are many different Medi-Cal programs, and each has its own rules for eligibility. In general, a VA pension counts as unearned income. Some Medi-Cal programs are not income-based, so a person with a higher income could qualify for those programs if they meet the requirements. Read more . . .

The Centers for Disease Control and Prevention (CDC) says that elder abuse is a significant problem in the United States, but there are things we can do to prevent it. If you suspect that an older loved one might be the victim of elder abuse, you should not look the other way.
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Choosing a legal guardian for your child is one of the most important decisions you must make during estate planning. It is not a decision your California estate planning lawyer can make for you.
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Medi-Cal is the Medicaid program in California. Federal and state taxes fund the program. It provides medical services for children and adults who have limited resources and income. With the help of a Read more . . .

It can give you peace of mind to know that you have taken steps to prepare for the issues people can face at the end of their lives. Rather than banking on a “hope and a prayer,” you can orchestrate the things that will help you be physically comfortable and provide for your loved ones.

You have many different options, depending on your situation. A Read more . . .

Serving in the United States military is a selfless act and one that can carry serious risks. For many, their time spent in military service is eased by the knowledge that they and their loved ones will ultimately receive veterans benefits that can make life easier.

Unfortunately, navigating government affairs and veteran benefits can be complicated and confusing. Frequently, Read more . . .