Horizon Elder Law & Estate Planning Blog

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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People often find that estate planning is complicated and confusing. It is not difficult to understand why estate planning for same-sex couples can seem even more complex regardless of whether or not you are married. Luckily, estate planning for same-sex couples doesn’t have to be overwhelming or difficult to understand. With the law constantly changing, it’s to consult with a California estate planning attorney with experience in estate planning for the LGBTQ community. 

Same-Sex Couples See Same Rights

Before 2015 when the United States Supreme Court upheld the rights of same-sex couples to marry in every state, estate planning for same-sex couples was deemed difficult to understand.
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Have you taken steps to lower the taxable value of your probate estate? Are you working with a California estate planning attorney to ensure that your heirs will not incur substantial taxes or debts when they inherit your assets after death? If so, you may want to discuss an Irrevocable Life Insurance Trust (ILIT) with your attorney, especially if you have taken all steps to avoid estate taxes, but you still need additional methods of providing a legacy for your loved ones without creating a tax burden for them.

How Can an Irrevocable Life Insurance Trust Benefit My Heirs?

Your Irrevocable Life Insurance Trust (ILIT) is a separate entity that holds ownership of one or more life insurance policies. The ILIT is also the beneficiary for the life insurance policies. Upon your death, the trust receives the proceeds from the policies. The trustee disburses the funds to the trust beneficiaries according to the terms of the trust.
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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.

7 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.
Read more . . .