Horizon Elder Law & Estate Planning Blog

The elderly are particularly vulnerable to multiple types of abuse, including financial abuse. Many aging Americans are socially isolated, which makes them prime targets for con artists. As despicable as it sounds, sometimes the very people the courts appoint to protect seniors are the ones who exploit them. If your loved one has a court-appointed fiduciary to handle her financial matters, you need to know

Eight percent of the total veteran population of the United States lives in California. 1.8 million American veterans make California their home. When you add in their families, this is a massive number of people who have served their country. If you or a family member is a veteran living in California, you need to know

How can I plan for the expenses I may incur as I age?

With ever increasing medical advancements, people today are living far longer than our ancestors.  Since just the 1970’s, life spans have increased more than a decade.  While living longer is surely a blessing, it can come at high financial costs.  It is believed that by 2022 there will be at least 4.3 million seniors living in poverty or near poverty.
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Aging parents may resist help out of a need to feel capable and independent. It is hard to accept that you need assistance. When seniors will not reach out for or accept offered help when needed, they can end up in a crisis. If you are caring for an aging parent, here

A horrific story hits the news. An aging Californian has been the victim of abuse, either at home or in a nursing home. Your stomach turns. You have elderly loved ones. How can you know if someone is abusing them? You need information to help you in Read more . . .

Americans have used “offshore” or foreign asset protection trusts for decades as a vehicle to shield their wealth from creditors. Courts have invalidated offshore APTs by applying American law to these assets.
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How can I protect my assets after my death?

Philip Seymour Hoffman was a celebrated actor who starred in such famous movies as The Hunger Games and Charlie Wilson’s War.  Hoffman’s talent on the big screen did not, however, equate to skill in estate planning.  Hoffman passed away in 2014 and was survived by his girlfriend and three young children.  He died with only a will drafted by his CPA in place that left his $35 million in assets to his girlfriend, who was to provide for his children.  His lack of an estate plan resulted in the loss of approximately $12 million in taxes.
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Both aging parents and their adult children are often reluctant to talk about the parents’ finances. The parents may feel money is a taboo topic, particularly with one’s children. The adult children do not want to be considered greedy or intrusive. So many people procrastinate until it is too late.

But it can cause significant problems if adult children do not have the financial talk with their parents.
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Most people hope that when they retire, they will have no financial worries. The reality is, too many people are left without sufficient resources to provide for their healthcare needs. Medicaid was put into place to address this reality, providing coverage for certain medical needs to those without sufficient assets.

Medicaid does have certain maximum income and asset restrictions that need to be understood before you apply. If you have too many assets or too high of an income, you may be denied, or you may be forced to sell some of those assets to repay Medicaid or qualify for those benefits.

What might happen if I fail to update my beneficiary designations on my life insurance policies, bank accounts, and more?

While most of us put off estate planning, failing to take some basic steps towards preparing for your eventual death could come at a significant cost for your loved ones and your legacy.  One of the most important things you can do is take the time to designate a beneficiary on your insurance policies, bank accounts, and retirement accounts, or update your beneficiary as your life evolves.
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During probate, a court supervises the work of gathering a deceased person’s assets and distributing them, whether to pay off creditors or to give heirs the parts of the estate designated for them in the deceased person’s will (or designated by state law if the person died without a will).

Every probate court has a detailed set of rules for the probate process. These include rules about what documents must be filed, what information must be included in those documents, and which deadlines must be met. Many states use part or all of the Uniform Probate Code (UPC), a set of model probate laws created by a team of experts in the process.

A good attorney can help you Read more . . .