Like most, you do your best to provide your elderly parent (or parents) with the at-home care they need. With this approach, you hope that he or she will be able to remain in his or her home for as long as possible.

There could come a time when you have no choice but to consider the benefits of putting your parent in a nursing home. Although this is a difficult decision, you may have to take control at some point.

Since this is sure to bring forth a variety of challenges, make sure you have everything in order before you take the first step. For example, don’t hesitate to ask your parent’s family doctor if he or she can assist with the conversation. This will take some of the weight off your shoulders.

Here are some additional tips and advice to follow:

• Don’t make promises. You should never promise a parent that you won’t consider a nursing home, as you never know what will happen in the future. If you do this, it will complicate the situation should you have no choice down the road.
• Focus on providing the best possible care. If this means a nursing facility, you should move in this direction as quickly as possible. Your parent may not want to make the move, but you must help him or her do the right thing.
• Expect all sorts of emotions. Maybe you’ll feel some relief that you no longer have to provide care, 24 hours a day. At the same time, you may feel guilty that you had to make this decision.
• You can continue to help. Just because your parent is in a nursing home doesn’t mean you can no longer provide assistance. For example, you can still sit with your parent, help clean his or her room and make sure the right type of care is provided.

Putting your parent in a nursing home is never easy, but it may be something you have to do. Once you know which steps to take and how to make life better for your parent, you can take action.

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A thorough estate plan shouldn’t just reflect your wishes for what happens after you die. It should also include directions to those caring for you if you become so ill or incapacitated that you can’t speak for yourself.

That’s why an advanced medical directive should be part of your estate plan and those of your loved ones. In our state, it’s called a California Advance Health Care Directive. Sadly, only about 30 percent of Americans have such a document in place.

A health care directive lets people state the conditions under which they wouldn’t want medical care to continue to prolong their life. For example, if they were brain dead and there was no chance of regaining any meaningful quality of life. It can also state that they want all life-saving and life-prolonging measures taken, regardless of their condition and prognosis.

When you complete a health care directive, you will designate someone (known as an agent or proxy) to have health care power of attorney authority for you. Your health care proxy should be someone whom you know and trust to carry out your wishes — possibly against the objections of family members.

Physicians are not legally bound to carry out your health care directive. If a doctor has a conscientious objection to a patient’s wishes, however, he or she has an obligation to transfer that person to another physician who will comply. It’s best to discuss your wishes with your doctor and your designated health care proxy (and back-ups) to be sure that they feel comfortable carrying them out.

If your parents and other elderly loved ones don’t have a health care directive in their estate plan or don’t have an estate plan at all, talk to them about putting one in place. It can save families from having to make excruciating decisions for loved ones based on what they believe they would want. It can also prevent in-fighting at a time when family members need each other the most.

Don’t wait until you think you’re nearing the end of your life to draft a health care directive. The unexpected can happen at any age. You can always make changes to it if your wishes change as you get older and as medical advancements are made. An experienced California estate planning attorney can answer any questions you have and provide valuable guidance.

Source: San Diego Union-Tribune, “Do you need an advanced medical directive? Yes!,” Doug Williams, April 25, 2018

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When a loved one dies, it can be confusing and stressful to find out that they did not mention you in their will. As a close family member, e.g., a spouse or a child, you may qualify as an heir-at-law. This means that you may be able to inherit from their estate even if they do not mention you in their will or if they did not create a will at all.

However, just because you are considered an heir-at-law, it does not automatically mean that you will be entitled to anything, especially when your loved one has written a will without mentioning you. If you do wish to pursue claiming inheritance in this case, you will need to go through the process of contesting the will.

Contesting the will as an heir-at-law

You are only able to contest a will if you have legal standing to do so. This means that the law prevents members of the public from contesting a will. You will likely have legal standing if you are a child of the deceased person and were not mentioned in the will but your two siblings were named as beneficiaries.

In order to successfully contest a will, you must be able to prove beyond reasonable doubt that the deceased person did not intentionally omit you from the will, but that it was done because of one of several reasons. This could be that the deceased person was coerced by another to omit you from the will, or undue influence was used against him or her. Additionally, they may have intended to update the will to include you, and therefore you may be able to argue that the will does not reflect their final wishes.

It is important to remember that if a person has made a will, it can be difficult for an heir-at-law who has been omitted from the will to prove that they are entitled to assets. It is vital that you consider the reasons why you may have been omitted from the will, and whether you believe that you are able to contest the will in California.

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You and your spouse have worked hard all of your lives. You’ve given your kids everything they could have wanted and more. Unfortunately, because they’ve been so fortunate, they haven’t learned how to properly handle money. Saving hasn’t been a priority for them, nor has sticking to a budget.

You want to pass on your wealth to your children when you’re gone. However, you’re concerned that they’ll spend all of the money on frivolous purchases rather than using it as a nest egg for the future.

If you’re in this position, you’re not alone. That’s why spendthrift trusts were created. A spendthrift trust is managed by a trustee of your choice — either a corporate trustee or an individual — based on the provisions you designate. The beneficiary of the trust (your child) receives distributions from the trustee only as you’ve designated in the trust agreement.

Besides being able to control how your money is distributed to your children, a spendthrift trust also prevents creditors from getting any money that hasn’t yet been distributed. Therefore, if you leave your child $1 million in a spendthrift trust to be distributed in annual increments of $50,000 and he or she has managed to rack up hundreds of thousands of dollars in credit card debt, the creditor can’t come after the entire value of the trust — just what has been distributed to your child.

If you’re contemplating a spendthrift trust for your child or another heir, a California estate planning attorney can answer all of your questions and help you determine whether this would be the best choice for your specific situation as well as what you should look for in a trustee.

Source: The Balance, “How a Spendthrift Trust Can Protect Your Heirs From Themselves,” Joshua Kennon, accessed May 02, 2018

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When Californians don’t have an estate plan, there’s the chance that people whom they wouldn’t want to have any authority to administer their estate may petition to do so. The case of a former television actor is evidence of this.

Mark Salling, who appeared in the TV show “Glee,” hung himself earlier this year. This suicide came shortly before he was scheduled to be sentenced to up to seven years in prison on child pornography charges. The 35-year-old actor had pleaded guilty to possession of child porn. He was arrested in late 2015.

Salling’s ex-girlfriend petitioned the Los Angeles Superior Court to administer his estate. Her petition asked that she be given “limited authority (and) that she not have authority to take possession of money or property without a court order.”

The woman claims that the estate owes her $2.7 million for a settlement she reached with Salling. She claimed that he had forced her to engage in unprotected sex.

It has not been reported how much the estate is worth. In her petition, she stated that she didn’t know.

The LA Superior Court judge handling the case ruled that the woman had provided “insufficient” evidence that she had a right to act as an administrator of the estate. The judge did say that she could petition the court again if she chose to.

As part of his plea deal, Salling agreed to pay $50,000 to each of his victims. Since authorities reportedly found some 500 videos and 25,000 images in his possession, these could number in the thousands. However, it’s not certain whether victims who came forward could collect on that agreement since Salling died before he was sentenced.

Most Californians’ estates aren’t this mired in conflict. However, if you want a say in how your assets are distributed and who will oversee the process, it’s essential to put an estate plan in place. An experienced California estate planning attorney can provide important guidance.

Source: NBC 4 Los Angeles, “Judge Shuts Down Ex-Girlfriend’s Bid to Handle ‘Glee’ Star’s Estate,” April 12, 2018

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Debt has become such an enormous feature of many people’s lives that it is often overwhelming to consider how one might repay the debts of a person who passes away. In some cases, a person’s debt may significantly overshadow his or her estate, causing those who may stand to receive some portion of the estate to worry about how these debts may affect the estate’s dispersal of assets.

If you have concerns about the debts of a loved one, or worry that your own debts may keep you from leaving your property to those you love, it is important to understand the options available to protect your interests.

Debt does not have to sink an estate entirely, but it is always wise to understand the effects debt may have on an estate and how to protect the property within the estate from creditors or others with an interest in receiving payment.

Does debt die with you?

In general, debt does not transfer upon death, but that does not mean that it evaporates completely when a debtor passes away. Instead, debtors generally repay their debts out of their eta when they pass away, unless they created specific protections to avoid repaying debt upon passing away.

It is also possible that the debts of one person may transfer to another upon death if the other party is already legally liable for that debt in some form, such as a loan with two or more cosigners. If, for instance, you cosigned a loan to get your child a car, that loan is still viable if you pass away, and may simply transfer to your child entirely.

However, in most cases, debts do die with the borrower once they extract all they can from the debtor’s estate. This means that the property people own when they pass away must make good on debts associated with it before it can pass on to heirs.

Protecting an estate against debt

It is sometimes possible to protect your property against your debts by placing portions of your estate in a trust. Some trusts provide the opportunity to avoid probate and also shelter property from debtors who wish to collect repayment by removing the property from the ownership of the debtor, keeping it out of the reach of debt collectors and creditors.

If you hope to use these protections, do not wait to begin building your estate plan. The longer you wait, the greater the likelihood that you may simply never get around to it, leaving your assets and your loved ones vulnerable. Make it a priority to build proper protections to shelter the ones you love from the effects of debt and to make your wishes and legacy known.

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Just like parents who wouldn’t want anyone taking care of their children after they’re gone, you probably have some specific people in mind to take care of your pets in the event of your death. To make sure your animals end up in the right hands after you’re gone, you can incorporate your dogs, cats and other animals into your will.

The simplest way is to name a beneficiary who will receive your pet after you’re gone. Since the law views your animals as ‘property,’ it’s easy enough to bequeath your animals to a specific person. In addition to leaving this person your pet, you might also want to leave some money to this person, so he or she can use it to provide the highest quality food and best veterinary care to your animal.

If you want to make your pet arrangements even more formal, you can create a pet trust. Your pet trust will indicate who will receive and care for your pet, and it will also contain money to be used for your animal’s care. By naming the pet’s caretaker as the financial beneficiary and trustee of the money you’ve left your animal, you can include specific instructions that indicate exactly how the money you’ve left for your pet should be spent. You could also name another person as trustee, and this individual will be responsible for ensuring that your money is spent in the right way by the person charged with caring for your dog or cat.

Are you concerned about what will happen to your pet after you’re gone? There are a lot of options available for estate planners to ensure that their furry little loved one’s are well-taken care of long after they are gone.

Source: Bravo TV, “Don’t Leave Pets Out of Estate Planning,” Kristyn Pomranz, accessed April 18, 2018

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If you live in California and don’t have an estate plan — even a simple will — in place when you die, the state will determine how your assets are distributed. This is done based on California’s “intestate succession” laws.

These laws determine which relatives will receive your assets and how much of them each person will get. Succession laws are based on how closely the heirs were related to the deceased person.

The assumption is that the deceased would want close relatives to have the bulk of the inheritance. However, your biological and familial connection may or may not coincide with how close you actually are, how you feel about your family members or whether they need or can responsibly handle the money or property.

California’s intestate succession laws are impacted by the fact that California is a community property state. Therefore, if you leave a spouse behind, he or she will get all of your community property. This property includes most of the assets acquired or earned during the marriage. Unless you and your spouse were divorced or had a legal separation or other property settlement agreement in place, that person will receive all of the marital property — even if you’d been estranged for many years.

The distribution of separate property is done differently. For married people, separate property may include things like inheritances and gifts that one person received before or during the marriage. The surviving spouse will still get a portion of that. How much depends on how many surviving children you have, because your spouse has to share it with them under the law.

Next in order of inheritance are grandchildren, parents, siblings and nephews/nieces. When single Californians with no children die intestate, preference in distribution is also given to those relatives in that order.

The court isn’t going to be interested in how you actually felt about any of these people or whether you intended for them to receive your property or money. Therefore, if you want control over what happens to everything that you worked for and that means something to you, it’s essential to have an estate plan in place. This can also help prevent family squabbles and court battles. An estate plan doesn’t have to be complicated. It just needs to be properly prepared. An experienced California estate planning attorney can help you develop a plan that meets your needs.

Source: The Pasadena/San Gabriel Valley Journal, ““California’s Plan for Distribution of Your Property”,” Marlene S. Cooper, April 04, 2018

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Many people think of trusts as something that only people with considerable assets have. However, many California estate planning attorneys recommend revocable trusts for clients who have average-sized and small estates.

Revocable trusts make it easier for executors to distribute the assets of an estate relatively quickly and easily after a person is gone. With a revocable trust, it’s easier to keep an estate out of probate. As we’ve discussed before, probate can be a costly and time-consuming process for heirs. Further, if an estate doesn’t go through probate, the information in it isn’t made public.

A revocable trust can also help if a person becomes physically or mentally incapacitated and unable to take care of paying bills and other financial obligations. With a revocable trust, the successor trustee can take over those responsibilities.

To place your assets in a revocable trust, you will need to retitle them. The assets in a revocable trust often include bank accounts and property, such as homes. As long as the grantor of the trust is alive and well, he or she can continue to handle the assets as he or she chooses. That includes adding or removing assets at any time. That’s why it’s called a revocable living trust. Some people may choose to have a co-trustee if they have a significant number of assets that they need help managing.

Your estate planning attorney can provide more information about how a revocable living trust can make life handling your estate easier for you and your loved ones based on your individual situation. He or she can also describe how it fits in with the rest of your estate planning documents.

Source: The New York Times, “Life After Your Death? Here’s Why You Should Have a Trust,” Elizabeth Olson, March 22, 2018

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The loss of a loved one is a tragic event in a person’s life. Even if you knew that the person wasn’t going to be around for much longer, the actual death can be difficult to handle. Once you get past the final arrangements and funeral, you will likely have to deal with the estate.

What happens during the probate process depends largely on what type of planning your loved one did before they passed. It isn’t always easy to handle these matters, so being prepared ahead of time for what’s to come might make it a bit less stressful.

When there is an estate plan

When there is a legally-binding estate plan — which is known as dying testate — you will rely on that plan to handle the estate. The plan should appoint a person as the administrator. This individual handles all matters related to the estate, including paying the bills and filing the taxes. The administrator will also find assets and heirs so that the distribution of the estate can occur as it should.

When there isn’t an estate plan

Some people don’t have an estate plan when they pass away, which is known as dying intestate. This makes things a bit more challenging for the heirs because they don’t have any documentation of the decedent’s intentions. In these cases, California’s laws regarding the disbursement of assets applies. The estate will need a person named as the personal representative to handle all of the matters that would fall on the administrator of a testate case. This person will identify heirs and make sure that all estate matters, including the distribution of assets, is handled appropriately.

When challenges arise

There are times when someone will challenge the will. These cases can be very difficult because they pit family members against each other. It might be possible to work through these matters with the person who contested the estate plan, but it might require a trial to get things hashed out. In these cases, it is best to try to remember that the legal case shouldn’t define your relationship with the person. Your relationship might not ever return to what it was before the issue, but you might be able to salvage part of it if you remember that stuff is just stuff.

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