A third of all people over 50 who break a hip die within the following year. That’s a frightening statistic. Even if you’re among the two-thirds who don’t suffer this fate, your overall health can take a turn for the worse after a serious accident or injury in your senior years — even if you don’t get cancer or any number of debilitating illnesses that can strike people as they get older.

We’d all like some say in what happens to us if we become incapacitated or seriously ill. However, too often, people don’t put the necessary documents in place because they don’t want to think about it or they just assume that their family will care for them.

This is just one more reason not to put off your estate planning. A comprehensive estate plan should include what’s sometimes called “comfort planning.” That involves designating what types of medical intervention you want under various circumstances and at the end of your life.

It also includes designating one or more people who will have the authority to oversee your care and other aspects of your life. You can give people you know and trust powers of attorney over your health care and finances should you become incapacitated.

By doing this, you avoid the risk of a court giving someone you may not even know these responsibilities. Unfortunately, not all court-appointed fiduciaries have the best interests of those they’re designated to care for at heart.

People who don’t have children or other living family members can designate friends or others they trust to have these responsibilities. They can further help ensure that they get the appropriate care by detailing their wishes in their advanced health care directive and other estate planning documents.

Whether you have plenty of family members whom you know will care for you or you’re the last in your family’s bloodline, the best way to ensure that your wishes are known and carried out when you aren’t able to speak for yourself is to include them in your estate plan.

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Did your elderly parent insist on remaining in their home until their death, surrounded by the furniture, trinkets and other items they could never bring themselves to clear out? If so, you may be facing the daunting task of cleaning out that home and selling it.

If your parent had an estate plan that allows for the sale of the home and the property inside it, and you were named the executor, at least you have the authority to deal with the house. However, you’ve got some big decisions to make. It’s a good idea to bring in an experienced realtor to advise you on things like whether it’s better to put money into making much-needed repairs and improvements or sell the house as-is for a lower price.

It’s also essential to limit access to the house. This can be difficult when it means keeping siblings out who want to look for treasured childhood toys and mementos.

If your parent left certain items to you, your siblings or others in their will, those need to be retrieved before the house goes on the market. However, as the executor, you should be the one to do that. By keeping other family members informed of what’s going on, however, you can reduce the chances that they’ll feel left out and possibly suspicious about your actions.

It’s essential to be aware of the tax consequences of the home’s sale for those who inherit the proceeds. Your estate planning attorney can offer advice or at least refer you to a tax advisor.

Selling your parents’ home can be an emotionally difficult experience — especially if you grew up there, and it carries many memories for you. That’s one reason it’s wise to have professionals advising you who can look at the transaction objectively.

If your parent or both parents are still alive, it can be difficult to ask them about their estate planning. You don’t want to seem like you’re concerned about your inheritance. However, it’s in their best interest to have an estate plan in place, They can help ensure that their wishes are carried out after they’re gone and save their loved ones confusion and stress. An experienced estate planning attorney can help them through the process.

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It’s never easy to watch your parents get old, but it’s something you’re likely to face in the future. Since you want to do your best to help, it’s important to work closely with your parents to ensure that they have the right long-term care strategy in place.

Not only does this strategy affect your parents while they’re alive, but it does the same to their estate when it’s time for distribution.

There is no right or wrong answer as to when it makes sense to put a loved one in a nursing facility. This is based on a variety of factors, such as their overall level of health and the recommendation of their medical team.

Here are some of the many things to think about in regard to long-term care:

• Long-term care insurance: It’s not something everyone buys, but you should discuss it with your parents before they need coverage. Buying a comprehensive policy early enough will give you and your parents peace of mind.
• How to pay for long-term care: There are many ways to pay for long-term care, with a long-term care insurance policy at the top of the list. Even if it doesn’t cover 100 percent of expenses, it’s likely to provide financial relief during this difficult time. There are many other ways to pay for long-term care, such as personal savings, retirement accounts and assistance from loved ones.
• There is more than one type of care: Long-term care is available in many forms. For example, some people only need a nurse to check in on them once or twice per day. Others, however, are best off living in a nursing facility to ensure that they receive around-the-clock care.
• Determine where you fit in: Maybe you’re okay with the idea of your elderly parents living with you for the time being in Torrance. Or maybe you come to find that the best situation is for them to move into a nursing facility. Regardless of the final choice, get a better idea of how you can help.

When it comes to long-term care and estate administration, it’s critical to provide your elderly parents with all the assistance they need. You don’t want to get in the way, but making yourself available can help ease the stress and put everyone in a better position moving forward.

Review our website for more information on long-term care and other elder law related subject matter.

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When you’re creating your estate plan, you’ll need to determine what details you want to share with family members and what to keep to yourself. Of course, there are some things you’ll need to discuss with at least one or more family members. For example, you need to get someone’s agreement before making them your executor or trustee or giving them power of attorney or other fiduciary responsibility.

It’s also essential that your executor, and perhaps others, can access your estate planning and other important documents and contact information when you die or become incapacitated. This includes access to passwords needed to get into accounts to pay bills. It’s also wise to have a copy of your burial or cremation wishes separate from your estate plan and accessible (meaning not in a safe deposit box that’s solely in your name).

If you’re disinheriting a child, leaving one child significantly more or less than the others or leaving everything to your beloved housekeeper or the local animal shelter because you’ve already given your kids plenty, it’s best to give your family a heads-up on those decisions. They may not be happy, but at least they’ll know the decisions were yours and you weren’t unduly influenced by anyone. This can prevent legal battles when you’re gone.

Discuss the provisions you’ve made in your health care directive for end-of-life care as well as treatment (or lack thereof) if you become permanently incapacitated with the appropriate person(s). Of course, your health care proxy should know, as they’ll be overseeing your wishes. You may want to discuss them with other family members too.

When it comes to telling family members specifically what they’ll be inheriting (or not), things can get tricky. It’s often best not to give dollar amounts. Those can change over the years.

Further, if you have an adult child who’s married to someone whom you suspect (or hope) won’t be in their life for long, often it’s best not to give details about their inheritance. There are ways to leave a child money in a trust that can’t be accessed by a spouse in a divorce (or by other creditors). A general statement like telling kids or grandkids that they’ll be provided for is sometimes all that’s necessary and advisable.

Everyone’s situation is unique. Your attorney about how much information you should share with family as you develop your estate plan.

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Real estate holdings are often  the most coveted assets involved in an estate. When a loved one dies, they may choose to leave the family home to one person or more specific persons. They may also direct the executor of their estate to sell the home and split the proceeds of the sale between the various beneficiaries. In some cases, if the home has historical value, a person may direct that the property be donatd to a historical charity or local nonprofit.

In many cases, the surviving spouse of the deceased will continue to reside in the home until they pass away. If there is no spouse, sometimes other family members may feel like they have a right to live in the home. Unlike a spouse, whose residency rights may be protected under marital property laws, children and other extended family members or friends have little claim to the house of a loved one when they die.

Some people will refuse to leave because they don’t like the terms of the will

Many people have unrealistic expectations about what they are entitled to receive from the administration of an estate. They may feel they are entitled to inherit the house outright, even if they have siblings or the deceased has a surviving spouse. Sometimes, this can lead to individuals moving into the property to prevent the property from being sold or donated to keep the property for themselves.  During times of economic hardship, some family members may also feel like they should be able to live in the property without paying rent because no one else is using the property.

It can be a very difficult situation to deal with. Whether the individuals in question lived in the property prior to the death of your loved one or they moved in shortly afterward, they don’t really have a legal right to be there unless the deceased granted it to them in their estate or in writing prior to their death.  The only exception is potentially for the spouse of the deceased, who has different rights regarding property than other heirs or family members.

Adding to the problem of unwelcome tenants is the potential for spautters (random strangers) to break into the property to set up residence in the property to establish tenancy rights.  As the housing crisis in California increases, vacant homes going through the probate process are sometimes targeted by individuals looking for a free place to live.

If there is someone living in a home that you, as the executor, have a duty to sell, you may need to take steps to evict those people from the property.

The longer someone squats, the harder getting rid of them can be

Some people will put off dealing with the home for as long as possible, hoping that the people living there without permission will grow tired of the conflict and leave. Although their unauthorized presence probably won’t impact ownership, it could cause legal issues.

The more time someone else legally lives or squats in a property, the harder it can be to get rid of them. They will have personal property that they will need to gather up and remove. If it goes on for too long, they may start to assume you have tacitly given them permission to continue their illegal possession of the property.

It can be difficult for an administrator to handle the more complex parts of an estate, such as real estate transactions. The best way to avoid conflict is to be up front with everyone regarding what the will provides for. If everyone knows immediately that the will directs for the home to be sold and must be vacant, that can make it easier to avoid conflicts.

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Millions of lesbian, gay, bisexual and transgender (LGBT) people worldwide are celebrating Pride Month along with their supportive friends and family. Too many, however, have become estranged from some family members — and sometimes from their entire family — because of who they are.

Many people, for a variety of reasons, create a “logical” family when their biological family has let them down or abandoned them. If this applies to you, creating an estate plan that reflects your wishes is essential. California probate law recognizes biological and marital family ties — regardless of what those relationships are like.

When you create an estate plan, you can include or exclude (“disinherit”) just about anyone you choose, with the exception of your current spouse. Because California is a community property state, you can’t completely disinherit a spouse. You don’t have to leave anything to parents, siblings or other relatives, however.

If you’re on some sort of speaking terms with family members, it may be wise to prepare them for the fact that you aren’t leaving them anything in case they’re under the impression that they’ll be included in your will simply because they’re relatives. If you don’t, they could potentially contest the will.

You can minimize the chances of a legal contest after you’re gone and the stress this could cause for your spouse or significant other. For example, a living trust, unlike a will, doesn’t have to be made public. Therefore, you reduce the chances that people who aren’t included in it can see it, and it’s more difficult to challenge than a will. You may want to have a “no contest” clause. Your estate planning attorney can help you decide whether that’s necessary or even advisable in your particular case.

One way to help prevent relatives from contesting your estate plan is to show that you’ve put considerable thought into the provisions in your estate planning documents and that the decisions you’ve made are yours alone and not influenced by other people. You may want to consider including some language explaining why family members aren’t included. Remember that this is your estate plan, and you have the right to include — or exclude — just about anyone you choose.

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Many Californians make a revocable living trust the centerpiece of their estate plan. It allows them to maintain control over their assets while they’re alive and well. Then the assets are transferred to their designated heirs and beneficiaries upon their death.

A revocable living trust is “living” in another sense. The person who establishes it can add or remove assets during their lifetime. Note that these assets need to be titled (or retitled) to reflect the name of the trust.

So what kind of assets are typically used to “fund” a revocable living trust? Let’s look at some of the most common ones:

Bank and investment accounts: Note that this doesn’t include common retirement accounts such as IRAs and 401(k)s.

Real estate: If you put your home in your revocable living trust, you’ll need to get a new deed that lists the owner of the home as the trust. If you purchase a new home and put it in the trust, remember to list the trust as the owner. That can be easy to forget in the chaos of moving.

Business interests: This includes partnership interests and stock in closely held corporations. You’ll need to check any agreements you’ve signed to make sure there are no restrictions on retitling your interests or shares in a business.

Other personal property: This includes vehicles, jewelry, furniture and all tangible property.

Intellectual property: This includes copyrights, patents and trademarks. Check with the government agency with which this intellectual property is registered before changing your registration to the name of your trust.

Your estate planning attorney can provide valuable guidance on what assets can be placed in a revocable living trust and how to retitle your assets. This can help make things easier for your loved ones after you’re gone.

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Among the most important decisions you’ll make as you create your estate plan is naming the trustees and successor trustees of your trusts. A dishonest trustee can take all of your hard-earned assets and keep them from the loved ones and beneficiaries you intended to leave them to.

When considering whom you want to manage a trust, it’s essential to look for someone who not only is honest but has good judgment. You want to be wary of anyone who has financial problems of their own, as they may have problems managing money and/or be tempted to embezzle funds from your trust.

If no one in your family or close circle meets those criteria, you may want to consider a private fiduciary. Many financial institutions have trust departments, and there are trust companies that will handle these responsibilities (for a fee, of course). Placing an impartial third party in charge of a trust (and other parts of your estate) can help minimize family battles as well. Your family law attorney can provide you with some recommendations.

Family members can help prevent loved ones from choosing someone to be a trustee or other fiduciary who may be unscrupulous or ill-equipped for the role. Too often, elderly people choose someone who’s become close to them in their later years, like a caretaker, if their family members are spread across the country and are no longer in their lives very much. That’s why it’s wise to know something about your parents’ and other elderly loved ones’ estate plans while they’re still around.

If a loved one becomes incapacitated or dies and you have concerns about a trustee, you have the right, if you are a beneficiary of the trust, to stay informed about their actions. If you have concerns about the actions of a trustee, you should consult with your loved one’s estate planning attorney or an attorney of your own to determine what options you have to prevent the theft or mismanagement of your loved one’s assets.

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It doesn’t matter if you’re creating an estate plan in California or facing the probate process after the death of a loved one, it’s critical to understand the finer details to ensure yourself of making all the right decisions.

There are times when the probate process is uncontested, with everything unfolding as planned. Contested probate is also possible, typically because a disgruntled heir is seeking more money or someone feels they were unfairly left out of a person’s estate plan.

The basics of probate

While there is a lot going on during probate and the process is never exactly the same for two estates, here are some basics that always come into play:

• Collection of all probate property
• Collection and payment of all claims, debts and taxes owed by the estate
• Collection of all outstanding income, such as final paychecks and retirement payments
• Settlement of disputes
• Distribution of all remaining property to the heirs outlined in the deceased individual’s estate plan

If everything goes as planned, these steps will typically unfold over the course of three to six months. However, if someone contests the will, it’s not out of the question for probate to drag on for a year or longer.

How much does it cost?

It’s natural to have concerns about the cost of probate. When creating an estate plan, make decisions to help simplify the probate process, with the idea of cutting down on costs for your heirs.

The costs associated with probate are based largely on the complexity of the estate and how long the process takes to complete. The most common expenses include:

• Court costs
• Personal representative fees
• Attorney fees

Uncontested probate will almost always cost less than contested probate.

Understanding what happens in probate can help you make the right decisions, either for yourself or your loved ones after your passing. It’s not always easy to think about this or tackle probate during a difficult time, but knowing what you can and can’t do will put you on the right track to success.

Visit our website and read our blog for more information on probate, estate administration and related matters in California.

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Many Californians are single parents raising young children. In some cases, the other parent has passed away. Maybe the other parent has no custody rights. Perhaps they’ve chosen to have or adopt a child on their own.

Whatever the case, it’s essential to ensure that your child will be cared for if you pass away or become incapacitated and unable to care for them. That’s why single parents need an estate plan.

Most single parents’ primary concern is finding the appropriate person or people to take on the responsibility of raising their child if anything happens to them. This is probably the most important decision you’ll make when drafting your estate plan. You need to find someone whom you trust who is able and willing to take on the full-time care of a child and raise them to adulthood as you intended.

You may also want to designate visitation and/or decision-making rights for others. For example, perhaps a sibling will assume guardianship of your child, but you wish to allow your deceased co-parent’s family members to have visitation rights and/or a say in the child’s education or health care decisions. Of course, giving too many people a say in these important matters can cause complications.

Single parents should also set up trusts to manage assets your child will inherit. The trust can also be used for funds received from any settlements or judgments. For example, if you die in a freeway crash caused by a drunk driver, your family may be able to file a lawsuit on behalf of your child against the driver and/or other defendants.

When setting up a trust, you’ll also need to name a trustee to manage and disburse the funds to and for your child. You can designate how the funds in the trust are to be used, from living expenses to their eventual college education.

Estate planning should never be postponed. No matter how young or healthy we may be, no one knows what the future will bring. However, if you are a single parent, having a detailed estate plan in place that designates your wishes and provides for your child can save that child and your other family members considerable stress and turmoil.

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