The Latest from Susan Katzen

If you've ever questioned the difference between guardianships and powers of attorney for seniors, you're not alone. As a Newport Beach elder lawyer, I often field questions about these two distinct yet related legal mechanisms. Here's an explanation to help you understand the nuances of each.

For many retirees, dividing time between two beloved locations is the dream. Known as "snowbirds," these individuals enjoy northern US states in the summer before flocking to warmer climes come winter. While this lifestyle has many advantages, it can significantly impact the distribution of your assets when you pass away. For instance, your home state laws governing your estate may differ substantially from those in California and other states where you spend your time. This is where a Newport Beach estate planning lawyer can provide invaluable assistance.

Inheriting assets is a mix of honor and responsibility. As an Orange County probate lawyer, I've seen many people unprepared for the implications of managing their inheritance. The inclination to treat an inheritance as "bonus" money is common, but there are many pragmatic ways to use these funds for future benefits.

Going through a divorce is an emotionally charged, challenging process. Amid the whirlwind of legal proceedings, contacting an estate planning attorney might not be at the top of your to-do list—but it should be.

One common misconception when it comes to estate planning is the belief that one must have significant assets to establish a comprehensive plan. As an estate lawyer in Newport Beach, I'm here to tell you that this simply isn't the case. In fact, life insurance can play a crucial role in your estate planning, even if your existing assets are modest.

As a Newport Beach estate planning lawyer, I often receive questions about the roles and responsibilities of an executor and a power of attorney (POA), especially in situations where a loved one is no longer living at home. A question I recently received encapsulates a common misunderstanding:

As an elder lawyer serving Newport Beach, I often counsel families grappling with the challenges of caring for a loved one with dementia. A common and particularly distressing symptom of dementia is sundowning, characterized by increased confusion, agitation, and restlessness during the late afternoon and evening. Understanding what happens during sundowning and when to seek support can help caregivers provide the best care for their loved ones.

One question I often receive is whether a person with a life estate can rent the property to others. A life estate is a type of legal arrangement in which an individual, known as a life tenant, is given the right to use a property for their lifetime. After the life tenant passes away, the propert...

The executor of an estate plays a crucial role in managing and distributing a person's assets after they pass away. But what happens when the executor is making mistakes or failing in their duties of estate administration in Orange County? It's a delicate and stressful situation, but one that can be addressed legally and ethically. Here's a guide from our Newport Beach probate attorneys.

Estate planning can seem daunting with its complex terminology and numerous components. But don't worry, this guide from our estate planning attorneys guide is here to help you navigate the basics.

As we age, companionship and shared responsibilities become more valuable. Many seniors are choosing cohabitation over solitude for mutual support and to cut costs. However, this arrangement brings about some legal nuances that need addressing. Here, our will lawyers delve into the necessary legal steps for unmarried seniors living together.

Are you a senior who is contemplating adding an adult child to your bank account to help manage your finances? It may seem like an easy solution for getting assistance with bill payments, but it's crucial to weigh the pros and cons before taking action. Our Newport Beach elder law attorneys are here to guide you through this decision.

A trust is a valuable estate planning tool that offers flexibility and control over the distribution of your assets. One essential aspect of managing a trust is opening a bank account in its name. This article will explore the key factors to consider when opening a trust bank account, including the required documentation, account types, and potential tax implications.

Are you worried about the safety of an older loved one on the road? If so, you are not alone. Countless families face this issue every year, and it can be devastating for both the senior and their loved ones to deal with. The senior is often forced to confront the reality of losing their independence, while the adult child may need to cope with conflicting emotions such as fear of retribution from the parent, anxiety about assuming responsibility for their transportation, and concern for their safety and that of others on the road.

Estate planning is an essential process for anyone looking to secure their assets and protect their loved ones. One often overlooked aspect of estate planning is the prenuptial agreement, which is an invaluable tool for protecting individual assets and ensuring a smooth distribution of assets in the event of a divorce or separation. In this blog post, we will discuss the importance of incorporating a prenuptial agreement into your comprehensive estate plan and how it can benefit you and your family. Remember, our Newport Beach prenuptial lawyers are always here to help you navigate this process.

In the event of a medical emergency, it's crucial to have your healthcare documents readily accessible and ensure that your treatment preferences are known to emergency personnel. Our estate lawyers have put together this article to discuss the benefits of carrying your directives with you and offer tips on effectively communicating your wishes to emergency responders.

In recent years, there has been a growing trend of people tattooing their medical wishes on their bodies, including "Do Not Resuscitate" (DNR) directives. While it might seem like a creative and potentially effective way to express one's wishes, relying on a tattoo as a legally binding document is risky and could lead to confusion and misinterpretation. As a Newport Beach estate planning attorney, I want to address the potential dangers of this trend and emphasize the importance of a properly drafted estate plan.

Estate planning often revolves around leaving assets to family members, but what if you want to leave your estate to someone who isn't related to you? Many people have close friends, caretakers, or even charitable organizations that hold a special place in their hearts. In this blog post, our Newport Beach will and trust attorneys will explore the essential considerations and steps to take when leaving your estate to non-family members to ensure that your wishes are respected and your legacy is preserved.

As a Newport Beach will lawyer, I've seen firsthand how substance abuse can impact families, leaving parents heartbroken and unsure of how to protect their loved ones while preserving their legacy. In my experience, many parents want to leave an equal inheritance to all their children, but when one child is struggling with addiction, it can significantly complicate matters.

If you have a parent in a nursing home, you're likely facing a lot of difficult decisions and stressful situations. It's natural to feel overwhelmed, but it's important to remember that you have options and resources available to you. One question that often comes up is whether the nursing home can take a loved one’s life insurance policy. Let's dive into this issue and provide some empowering advice.

If you have a child with special needs, you may be tempted to assume that if something happens to you or your partner, your other children will take care of their sibling. However, it's important to take the time now to create a legal plan for your child so that they are always protected no matter what happens. This includes creating a Special Needs Trust, naming backup guardians/conservators, and considering housing scenarios in the event that their siblings can’t care for them.

As our family members age, taking care of their financial and medical needs becomes increasingly important. Having conversations about the realities of aging early on can help ease the emotional stress that comes with it - providing a cushion for both you and your loved ones in case any conditions like dementia set in quickly down the line. With proactive planning and by utilizing the strategies listed below, families can ensure that their older loved ones are well-supported through this stage of life.

As our loved ones age, it's not uncommon for them to experience a decline in mental abilities that can make it difficult for them to manage their finances effectively. If you have an older loved one, it's important to be aware of the signs of diminished capacity so that you can take action to help protect their financial well-being. In this blog post, we'll discuss some of the signs of diminished capacity, and what you can do if you're concerned about your loved one's financial situation.

When it comes to estate planning, many people wonder if they can simply write their wishes down in an email and have it be considered a legal Last Will and Testament. While it's true that technology has made it easier than ever to communicate our wishes and desires, an email is not typically sufficient to create a legally binding will.

Just because you can do something yourself doesn't always mean you should. Special Needs Planning is an example of something that may seem easy to take care of by yourself or by using an online program, but in most cases, legal planning is one area where you should resist the urge to D-I-Y. Much like botching a DIY kitchen remodel, mistakes in special needs planning can be expensive to fix. Ultimately, do-it-yourself legal planning could end up costing you or your family more than if you had just hired a professional from the start.