Estate Planning

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 . . .

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.

The Centers for Medicare & Medicaid Services (CMS) created a Five-Star Quality Rating System “to help consumers, their families, and caregivers compare nursing homes more easily and to help identify areas about which you may want to ask questions.” The rating system was a wealth of information, but one can easily get lost in so much data.

A California long-term-care planning attorney can help you plan and prepare for the move into a long-term care facility. Now, let’s talk about using nursing home ratings: how to find a high-quality home.

The Rating System

The CMS nursing home rating system uses a simple five-star rating methodology.

The terminology in the administration of the estate of a deceased person can be confusing. Three of the principal terms one needs to understand are executor, trustee, and administrator. An administrator processes the estate of a person who dies without leaving a valid will or trust, a situation called dying intestate. An executor follows the instructions of a deceased person’s will. A trustee manages and distributes the assets of the decedent according to the terms of a living trust.
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You have worked hard to accumulate your assets and property. However, you could lose a substantial portion of your savings and assets because of a lawsuit. Even if you were not at fault, a jury could decide you are liable. If so, the party seeking compensation could pursue claims against your assets.

After your death, creditors could file claims against your estate.
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There is so much misinformation going around about trusts and other estate planning topics that we thought we would clear up a few things. You do not want to rely on what your friend’s uncle’s brother’s neighbor’s coworker’s golf buddy supposedly said about California trusts.

A Physician Orders for Life-Sustaining Treatment (POLST) is a physician order that helps give people with severe illnesses more control over the end-of-life care they will receive. A POLST and an advanced healthcare directive can include some of the same terms and instructions, but there are quite a few differences between these documents.

A California estate planning attorney can explain these documents and answer your questions, such as, what is the difference between a POLST and an advance healthcare directive? Your lawyer can also draft these and other documents to help you be prepared for future situations.

Differences Between a POLST and an Advance Healthcare Directive

Here are the ways in which a POLST and an advance healthcare directive are not the same:

• They are different types of documents. An advance directive is a legal document, whereas a POLST is a medical order.
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Looking for an assisted living center for your aging loved one can cause high anxiety. You want your relative to be happy, safe, and healthy, but you might not have confidence in your ability to select the right place, particularly if you have never gone through this process before.

Here is a sampling of the right questions to ask when choosing an assisted living facility. A California estate planning attorney can provide additional guidance and draft legal documents to make sure your loved one is protected and prepared.

How Many Residents Live at the Facility and at What Level of Assistance?

When there are enough residents, the facility is likely to have more variety in its activities, food options, floor plans, and other features than a smaller center.
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Planning for retirement can be overwhelming. Either it feels so far away that you might not think you need to do anything about it yet, or you might think that it will be impossible to save enough money, so you give up entirely. A sound retirement plan could help you avoid both of these extreme positions and give you financial security and peace of mind.

It is challenging to plan for something you have never experienced, like retirement. The fear of making a mistake can lead to anxiety.
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