Posted on July 30, 2014 by Robert Denham, Esq
The tragic death of actor Philip Seymour Hoffman has given us an opportunity to consider his estate planning, with lessons and strategies for the rest of us. Continue reading
Filed under: Elder Law, Estate Planning, Legal Topics, Tax Law | Tagged: celebrity wills, death tax, Estate Planning, estate tax, generation skipping tax, living trust, Philip Seymour Hoffman, trust fund | 1 Comment »
Posted on July 16, 2014 by Robert Denham, Esq
The law says that retirement funds are exempt property in bankruptcy, but the Supreme Court has held that this exemption doesn’t apply to inherited IRAs. End of story? Not quite. Continue reading
Filed under: Bankruptcy Law, Business Law, Elder Law, Estate Planning | Tagged: bankruptcy, banruptcy exemptions, creditors, Estate Planning, heirs, Individual Retirement Account, inherited IRA, retirement accounts | Leave a comment »
Posted on April 23, 2014 by Julie Brook, Esq.
One of the most difficult concepts to accept for those with some form of “incapacity” is a restriction on their ability to drive. And taking away the car keys from someone else is one of the hardest things to do. Here’s an overview of how California’s DMV deals with driving capacity issues and what to do when an elderly client wants to get the keys back. Continue reading
Filed under: Elder Law | Tagged: capacity, DMV, driver's license, driving, elderly drivers, incapacity, older drivers | 1 Comment »
Posted on February 5, 2014 by Julie Brook, Esq.
Every estate plan should consider potential incapacity. In California, one of the primary vehicles used to plan for an individual’s incapacity is a durable power of attorney for financial management (DPOA) (the other is an advance health care directive for health care decisions, see Being Prepared Is Ageless: Everyone Should Have an Advanced Health Care Directive). Let’s look at the pros and cons of using a DPOA.
Filed under: Elder Law, Estate Planning, Legal Topics | Tagged: capacity, DPOA, Durable Power of Attorney, estate plan, incapacity, legal capacity | 5 Comments »
Posted on November 20, 2013 by Julie Brook, Esq.
When there are issues involving your client’s capacity or the existence of undue influence, you may want to get a neuropsychologist on the case to perform assessments and/or act as an expert witness. Continue reading
Filed under: Elder Law, Estate Planning, Legal Topics | Tagged: capacity, consultant, elder law, expert witness, incapacity, neuropsychologist, undue influence | 1 Comment »
Posted on November 15, 2013 by Robert Denham, Esq
Ever since the graduated probate fee was declared unconstitutional in Estate of Claeyssens (2008) 161 CA4th 465, the legislature has been nickel-and-diming estate planners and their clients with filing fees. Now we have to deal with multiple fees for lodging wills, which used to be free. Continue reading
Filed under: Elder Law, Estate Planning, Legal Topics | Tagged: court fees, executor, filing fee, lodging a will, probate, wills | Leave a comment »
Posted on October 7, 2013 by Robert Denham, Esq
Estate planners are taking a second look at portability—the use of a deceased spouse’s lifetime exclusion by the surviving spouse—now that the law on this subject has been made permanent. Continue reading
Filed under: Elder Law, Estate Planning, Legal Topics, Tax Law | Tagged: bypass trust, death tax, deceased spouse, Estate Planning, estate tax, lifetime exclusion, marital deducation, portability, wills and trusts | 6 Comments »