The Latest from Susan Katzen

When most people think about estate planning tools such as power of attorney, they imagine that they are solely for people who already have children, who have significant assets, or who are nearing the end of their lives. However, you may be surprised to know that many will lawyers also recommend that college students have powers of attorney in place for both their healthcare and their finances. While your college-aged child may not require other aspects of a full estate plan, these power of attorney documents could nevertheless be vital.

Your named beneficiaries will likely have to go through probate to receive your real property after your death if it is only in your name and not held in trust. Although transferring property into trust can ensure your family does not have to wait for a judge to validate your will before distributing your assets, it might not make sense for your situation. Another beneficial method is a transfer-on-death (TOD) deed. A TOD deed transfers a person’s real property to named beneficiaries upon the transferor’s death. It is similar to a transfer-on-death registration for an investment account or a payable-on-death designation for a bank account.

Federal estate tax law includes a provision called portability. This provision only applies to married couples. It allows the surviving spouse to use any part of their deceased spouse’s unused estate and gift tax exemption. Including portability in an estate plan protects the surviving spouse from significant estate tax bills if the deceased spouse’s estate didn’t exceed exemption thresholds. With the deceased spouse’s unused exclusion (DSUE), the surviving spouse can transfer their spouse’s unused federal gift or estate tax exemption upon death.

Some seniors don’t expect to remarry after a divorce or the death of a spouse. However, life is full of surprises. You could meet someone at any age, even during your retirement years. Many older adults bring various assets and debts into a new relationship. They might also have children from a previous marriage, one or multiple businesses, and collections they’ve worked hard to accumulate. Without adequate estate planning, you or your spouse could encounter significant problems if one of you dies or suffers a debilitating medical condition.

When creating a trust with a Newport Beach trust lawyer, it is important to understand the specific roles involved. The grantor is the person who establishes a trust. The designated beneficiary is the person who receives the assets held in trust when the grantor dies. Probate is unnecessary because trust property passes outside the last will and testament or intestacy law.

Whether you’re a single senior who lives alone or one who lives with a partner, establishing a new estate plan or modifying an existing one is essential. You might wish to leave assets to your partner that they could not get through intestate succession, or maybe you have children you want to leave your assets to. Perhaps there are organizations you want to receive a charitable donation upon your death. Whatever your final wishes, you should create a legally enforceable estate plan now.

When you’re inheriting either cash or stocks, one isn’t better or worse than the other. Each offers benefits. Having money in hand upon a family member's death means the ability to use it immediately for any purpose. However, there’s also the risk of quickly running out of the entire inheritance. A stock inheritance allows someone to start or add to their investment portfolio. However, it can also lead to tax liabilities.

Newport Beach elder law attorneys know that making the decision to move an elderly loved one into an assisted living facility is never easy. However, when your elderly parent or grandparent is struggling with Alzheimer’s or another form of dementia, the situation can be particularly challenging.

If you have suffered the loss of your life partner, my heart goes out to you: few things in this world are quite as devastating. As an Newport Beach probate lawyer, I know grief can debilitate, and the ‘to-do’ list in the immediate aftermath can seem impossible to manage. 

Estate planning is an emotionally challenging task at every step of the process. Whether you are writing your own will, helping an older relative plan their estate, or serving as the executor of the estate of a deceased loved one, you must deal with all the feelings you have about your own death or that of someone close to you.

Due to advances in medical technology, more Americans are living longer. In many ways, this is great news. However, this situation has brought about some significant challenges that all aging people now have to face. One of the most pressing concerns is the rising cost of long-term care. Understanding how to cope with the increase of this financial burden can make life easier both for you and your family.

If you are serving as the executor of someone’s will, one of the most important tasks you will need to do is to complete an inventory of the decedent’s estate. This could feel like an overwhelming process, especially if the deceased person had a lot of assets. However, knowing more about the process you are about to embark on can help you feel a lot more prepared. Here is everything you need to know about an estate inventory.

It can be difficult to say goodbye to the things we own. Older adults might have an even harder time doing so because many of their possessions may hold decades of meaning or sentimental value, and the thought of parting with these mementos can bring up a lot of unexpected emotions. At some point, however, it will become necessary to let many of those things go. Decluttering and downsizing can make life much more manageable for your elderly relative. If you are about to start clearing out unneeded items from your loved one’s home, here are a few tips to help the process go as smoothly as possible for everyone.

While estate planning for single parents is similar to estate planning for two-parent families, there are certain factors that require an added amount of attention when only one parent is involved. If you are a single parent, here are some important things you should consider about your estate plan.

In the early part of 2022, many young families spent a lot of time watching Disney’s award-winning animated film Encanto. Repeatedly. While the movie is obviously a great source of entertainment for kids, Newport Beach estate planning attorneys have also noticed that it contains a lot of valuable lessons that can help people prepare for their family’s future.

A living will is not a last will and testament used to pass your assets and property after you die. Instead, it is a mechanism to communicate to your family and doctors how you want medical care conducted when you aren't able. Your living will is an essential part of an estate plan to help you and your family in an emergency. No one will have to guess your choices, which may even prevent quarrels over treatment options to employ during a heightened emotional time.

No matter where you are in the estate planning process or if you are just starting to consider your options, you probably have questions about how you want your assets distributed and who should be given that responsibility. A trust can be a great tool in your estate planning tool kit. A properly created trust can give you and your family more options and privacy than a will.

Families with special needs children face unique challenges and opportunities to protect their children’s futures. Providing appropriate medical, educational, recreational, and employment opportunities for your special needs child can result in a lifetime of pursuing public and private programs and services. Too often, the parents or persons responsible for financial and medical management of the special needs child receive misguided advice to disinherit them.

What are special needs? Special needs is a specific disability type requiring focused attention on education for those with learning difficulties, behavioral or emotional problems, or physical disabilities. For example, individuals with autism, ADHD, Asperger syndrome, Down syndrome, dyscalculia, dyslexia, deafness, blindness, and cystic fibrosis fall into the special needs category, as do cleft lips, missing limbs, and more. The US government combines this group into the overall classification of disability, and current US Census data estimates the US disabled population to be 12.7 percent or 41.1 million individuals.

The parents of a special needs child have unique responsibilities when looking to the future care of their child. Funding a special needs trust (SNT) with life insurance is one of the most important things you can do to provide additional monies while protecting eligibility for government benefit programs. Life insurance policies provide special needs families and their children comfort and security. If families experience future financial setbacks (one or both parents die early, lessening wealth accumulation), money will still be available for their child’s future.

Leaving behind assets to benefit a child with special needs requires careful planning to protect their needs-based government benefits. It is also important to protect those assets against later claims after your death and, in some cases, during your lifetime, for additional available public benefits such as Medicaid. Many parents choose to set up a special needs trust for their child with a disability, but can you put beneficiary-named accounts in this trust? A lot of wealth may be in your IRA and 401(k) that requires naming a beneficiary. Know the risks when naming your special needs trust as a beneficiary of your retirement accounts.

An estate plan is necessary for all Americans who want to protect themselves and their families. Making sound decisions regarding finances and healthcare can become challenging as you age due to diminished mental capacity or declining health. Putting these five must-have legal documents in place before life becomes too difficult to handle is crucial for your protection and wishes. It is not legally permissible for you to create these documents if you are too far into ill health, and guardianship will become necessary for decision-making on your behalf. Retaining a trusted elder law attorney is the first step to setting these legal guidelines to carry out your wishes.

Many Americans perceive estate planning as a one-time chore that, once accomplished, can be filed away until their death. However, without being aware of the potential impact, people will make gifts during their lifetime or change listed beneficiaries on accounts which can have enormous unintended consequences on their will or trust. Review your estate plan regularly to help to prevent these common mistakes.

Careful planning for the future of a loved one with special needs is one of the most critical life-protecting tasks you will ever provide for them. This article offers tips you can employ in your planning process can create a meaningful and comprehensive approach, addressing many of the challenges of special needs family members without negatively influencing eligibility for government programs or other loved ones you are providing for in your estate plan.

Once you understand how guardianship is intended to help a special needs adult, you must understand the key responsibilities a guardian plays within their legal role. Guardian duties vary depending on the protected person’s limitations and abilities. However, some general responsibilities tend to fall to all guardians