Horizon Elder Law & Estate Planning Blog

Asset protection is one of the goals of an effective estate plan. We use a variety of strategies and estate planning tools to legally shield your assets from taxes, legal judgments, creditor claims, seizure, and unwanted heirs. In other words, asset protection through estate planning allows you to preserve your legacy for your intended heirs. Keep reading as

When considering asset protection, you may think about lawsuits, judgments, liens, taxes, creditors, and seizures. However, how do you protect your estate and assets from medical costs and long-term care? The chances you will need long-term care are high. It is estimated that 70% of people over 65 years old will need some type of long-term care services.

Long-term care and medical expenses can total hundreds of thousands of dollars.
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Imagine for a moment that suddenly a complete stranger was in charge of your financial and healthcare decisions. How do you think that would feel? 

That is what happens when a conservator is appointed to you by the courts.

If it doesn’t sit well, you may want to take some time to sit with a Read more . . .

Planning for the long-term care of a disabled loved one is a complex process, and one of the most important considerations is ensuring they have the resources they need without sacrificing their independence. 

A Special Needs Trust (SNT) is a powerful tool that can help disabled beneficiaries maintain their quality of life without the need for conservatorship—a court-appointed arrangement where another individual makes financial or personal decisions on behalf of the disabled person. By using a Special Needs Trust, families can protect their loved one’s assets, ensure they receive the care they need, and avoid the burdens and limitations of conservatorship.

If you are the parent or guardian of such a disabled individual, Read more . . .

Incapacity can occur at any time in life. If you have not started estate planning, now is the time to do so. In particular, it is in your interest to begin preparing for incapacity with tools that empower you to avoid a conservatorship. 

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Handling out-of-state assets in your California estate plan can complicate matters if you do not work with a California estate planning lawyer. Many people overlook out-of-state assets when they create a simple Will.
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Your pet provides you with unconditional love on a daily basis. Don't you want to do the same for them? Leaving your pet's welfare to chance isn't the way to go. That's why, as a pet owner, it’s essential to consider your pet’s well-being in your estate plan. In this post, our Read more . . .

Effective estate planning accomplishes many goals. It protects assets, provides for loved ones, and ensures a smooth transition. Without a comprehensive estate plan, your family may face challenging and costly problems after your death. Read more . . .

Intestate probate is the process that an estate has to go through when a person dies without leaving a valid will or living trust behind. After gathering the assets and paying the debts of the estate, the administrator will distribute the remaining assets according to the rules of intestate succession in California.

Often, the assets get distributed in a way the decedent might not have wanted. If you do not want this type of outcome for your estate, you will want to prepare a Read more . . .

A handwritten will can be a valid document as long as the paperwork meets California’s requirements for validity, but you might wonder whether you can handwrite a living trust and whether it would hold up in court. You could technically create an oral trust, but that would create more problems than it is worth.

No, not all wills have to go through probate in California, but all wills of individuals who lived in our state at the time of their death have to get filed with the court. The court in the county where the decedent lived will then decide whether the estate has to go through probate.

If you mistakenly conclude that the will of your close relative does not have to go through probate, but the will actually should have been probated, there can be negative and expensive repercussions. You should always consult with a California estate planning attorney for guidance about whether you need to take a will through probate.

Situations in Which Probate is Not Necessary

You do not have to go through probate if your deceased loved one had a living trust instead of a will.