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The Elder & Disability Law Firm, APC

What Happens to My Retirement Account When I Die?

Retirement accounts are treated differently than other assets when it comes to estate planning and distribution upon one’s death. Real property, cars, art collections, investments, and other assets normally will have to be probated if the primary owner dies unless that person established a living trust.

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The Elder & Disability Law Firm, APC 

Understanding the Most Common Types of Trusts

Estate planning involves taking a comprehensive look into the present and future to create legal instruments that protect you and your loved ones, not only after you’re gone but while everyone is still here. A last will and testament is probably the one legal document most people have heard of, and it is generally associated with who gets what after you’re gone.

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The Elder & Disability Law Firm, APC

Estate Planning for a Blended Family

Estate planning was fairly simple in the days when two people got married, had children, and spent their lives together until the end. Each spouse would create an estate planning document leaving everything to the other.

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Can a Living Trust Be Contested?

In TV dramas, there are enough scenes that show how family members and friends can challenge the terms of a will if they feel shortchanged or left out. But the question arises: Can someone likewise challenge the terms of a living trust?

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The Elder & Disability Law Firm, APC

What Happens to a Living Trust in Divorce?

California is a community property state, meaning that married couples when divorcing are subject to a 50/50 split of assets and debts. However, the assets and debts must have been acquired by either spouse during the time of marriage.

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The Elder & Disability Law Firm, APC 

Common Estate Disputes

Estate planning is the process of creating the legal documents necessary to designate how you want your property and assets to be divided among your loved ones when you’re gone. Some estate plans are straightforward, others not.

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The Elder and Disability Law Firm, APC

Will Medi-Cal Pay for Assisted Living?

Assisted living is a program for the elderly and the disabled that provides services of a nursing facility but in a more home-like atmosphere. Nursing homes are generally focused on providing medical care, sometimes 24 hours a day, seven days a week.

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The Elder & Disability Law Firm, APC

Are Heirs Responsible for Their Loved One’s Debts?

When a loved one passes away in California, a lot of questions tend to arise. What happens with their property? How will the funeral arrangements go? How to cope with the death? One question that can be overwhelming is what will happen with their debts.

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The Elder & Disability Law Firm, APC

Second Marriages & Estate Planning

Those who remarry face new choices in how to approach estate planning. If they had a previous will or trust, it will need to be revoked, rewritten, or amended to account for life’s new realities. If there is no estate planning instrument in place, such as a will or living trust, then it’s time to begin planning for the future, which includes provisions for when you pass away.

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