Horizon Elder Law & Estate Planning Blog

When a person can no longer care for him or herself, the person may need long-term skilled nursing care. Nursing homes provide skilled round-the-clock care for individuals of all ages. Paying for nursing home care can be expensive. A Read more . . .

When someone passes away without a will, the state will distribute that individual’s assets in a specific order, with property first going to any children equally. But what about children who are adopted? If a child is adopted should he or she inherit from the biological parents or the adoptive parents? Do adopted individuals get to reap the benefits of two sets of parents? As nice as that might be, the answer is no. Here is what every adopted child should know about adoption and inheritance rights in California.

Luckily, the rights of adopted children in California are pretty easily understood. Adopted children are entitled to the same rights as biological children when it comes to inheritance.
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Estate planning for the elderly involves many decisions. One important decision elderly individuals make when developing an estate plan is the choice of an executor for their estate. An executor has the task of administering a person’s estate. Choosing the right individual for this task is essential to reduce family conflict and ensure that the person’s final wishes are carried out. Our Read more . . .

A study published by the National Institutes of Health found that aging gay, lesbian, and bisexual adults in California tend to be single and without adult children as they enter their senior years. As LGBTQ seniors age, they may need to move into long term care facilities because they lack support from a partner, family members, or adult children. 

Unfortunately, LGBTQ seniors may face issues that are unique to the LGBTQ community that heterosexual seniors may not face when contemplating long term care. Planning for long term care is crucial for LGBTQ individuals, who may want to consult a Read more . . .

There are some strange things that people include in their will. If you wanted to, you could leave a jar full of dirt to your niece. If you do, you might want to include a note that the dirt was collected when you went on a special trip together. Otherwise, someone might contest your will claiming that you were not competent when you signed the will as evidenced by the jar of dirt you left to your niece.

The point we are making is that your will is your statement of how you want your property to be distributed.
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The death of a parent is never easy. Not only are you left to deal with the highly emotional toll that such a loss can take, but also you are left to deal with their estate. And while you want to do right by them, it can get pretty confusing quite quickly. This is especially true if it goes to probate.

Probate is the settling of an individual’s estate by a court-appointed executor.
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Estate planning can be challenging for some families who have unique situations that require special estate planning tools or comprehensive estate planning to address certain issues. A blended or merged family can sometimes create estate planning difficulties. Parents with minor children from previous marriages and couples who marry later in life with adult children from prior relationships may struggle with estate planning decisions that protect and provide for all family members. A
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Discussing issues related to end-of-life health care, personal care, and property protection can be emotional and stressful. However, conversations related to these issues are necessary to protect the individual and the family. Without certain end-of-life documents, the state or the courts may step in to make personal decisions for you and your family members. A Read more . . .

Planning for retirement can be tricky. It is impossible to know the future; therefore, you cannot know for sure if you or your spouse may need long-term care. While there are a few factors that might give you an indication of whether you might be at risk of needing long-term care, you are taking a gamble if you assume you will not need nursing home care or other long-term care. A Read more . . .

Nursing homes can be expensive, causing a lot of people to forgo the expense. What many people do not know is that there could be another option: Medicaid.
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There are several things that every will should include, such as the name of your personal representative, guardian for minor children, names of heirs, and directions for dividing assets among heirs. However, several items should not appear in a will. If you have questions about what should and should not be included in your will, a California estate planning attorney can answer questions and explain California’s estate laws.

Seven Things That Should Not Be in Your Will

1. Property held by a trust

Property held by a trust passes directly to beneficiaries outside of your estate.
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