How long is an advance healthcare directive valid? An Advance Healthcare Directive is valid forever, unless you revoke it or state in the form a specific date on which you want it to expire. By Sandra McCarthy|2023-07-19T11:51:57-07:00February 26th, 2021|Healthcare Directive FAQs|0 Comments Read More
Can I change my healthcare directive agent? You can change your advance healthcare directive agent before you are incapacitated. However, you must make this change in writing and tell your healthcare provider. Therefore, while this is an important decision you should take seriously, if you fall out with a previously chosen agent, you can replace them. By Sandra McCarthy|2023-07-19T11:52:13-07:00February 26th, 2021|Healthcare Directive FAQs|0 Comments Read More
What protections does a special needs trust offer? Funds used to create a special needs trust are tax-deductible. Creditors also may not file a lawsuit against a special needs trust for monies owed. Special needs trust funds are used for the beneficiary. By Sandra McCarthy|2023-07-19T11:52:29-07:00February 25th, 2021|Special Needs Trust FAQs|0 Comments Read More
Should I make a California living trust? Many individuals choose to create a living trust so their estate can avoid probate upon their death. Oftentimes, probate is an expensive and complicated process that your family has to take care of after you pass. Plus, if you create a living trust, you can make it revocable. In other words, you have the option [...] By Sandra McCarthy|2023-07-19T11:52:36-07:00February 25th, 2021|Living Trust FAQs|0 Comments Read More
Does a trust protect against creditors? With a will, you need to file a public notice of death to allow creditors the opportunity to file a claim for monies owed against your estate. However, the administration of a trust does not require public notice. Certain trusts offer protection against creditors and limit their reach in regards to trust assets. When an [...] By Sandra McCarthy|2023-07-19T11:52:44-07:00February 25th, 2021|Living Trust FAQs|0 Comments Read More
What can special needs trust assets be used for? Trust assets may be used to buy a variety of goods and services for your loved one such as: personal care attendants out-of-pocket medical and dental expenses physical rehabilitation education home furnishings vacations recreation vehicles and other incidentals By Sandra McCarthy|2023-07-19T11:52:51-07:00February 25th, 2021|Special Needs Trust FAQs|0 Comments Read More
Where should I keep my will after I sign it? Keep your will in a safe, easily accessible place after it is signed. Be sure the executor you appointed knows where it is kept. Â By Sandra McCarthy|2023-07-19T11:53:10-07:00February 25th, 2021|Will FAQs|0 Comments Read More
What makes a will legally binding in California? Wills are legally binding if the following criteria are met: You must be of sound mind You must be acting of your own free will without undue influence or duress from others The will must be signed and witnessed according to the applicable laws of California By Sandra McCarthy|2023-07-19T11:53:18-07:00February 25th, 2021|Will FAQs|0 Comments Read More
When is a will sufficient for California estate planning? A will is sufficient if: The total value of your assets at the date of your death is less than $166,250, excluding any asset which has a beneficiary provision and any asset which is in joint tenancy (or other multiple tenancy). The value of your real property at the date of your death is less [...] By Sandra McCarthy|2023-07-19T11:53:23-07:00February 25th, 2021|Will FAQs|0 Comments Read More
What happens if I die without a will? If you die without a will you will not be able to choose who receives your assets. Instead, your closest relatives or heirs inherit your wealth according to intestate succession laws. Intestate succession laws control which surviving family members of the decedent inherit their assets after probate when the person did not leave a will. The statutory [...] By Sandra McCarthy|2023-07-19T11:53:38-07:00February 12th, 2021|Estate Planning FAQs, Will FAQs|0 Comments Read More