Is a Medi-Cal Asset Protection Trust Necessary? By Sandra McCarthy|March 23rd, 2017|Estate Planning| On June 27, 2016, Governor Jerry Brown signed SB 833. The bill greatly reduces the scope of California’s Medi-Cal Estate Recovery against the estate of the deceased. Effective January 1, 2017, more Medi-Cal recipients can now leave an inheritance to their family without having to pay back the State upon their death. Basically, the new [...] Read More 3
Trust Administration – What is It? By Sandra McCarthy|September 2nd, 2016|Estate Planning| Trust administration is not a court ordered process. It involves the transfer of property from the creator of the trust to the trust’s beneficiaries. Unlike probate proceedings, trust administration allows for the simple distribution of property to beneficiaries. Read on to learn more about trust administration. Get Trust Administration help [...] Read More Comments Off on Trust Administration – What is It?
How to Set Up a Special Needs Trust By Sandra McCarthy|May 22nd, 2016|Estate Planning| Parents with special needs children often worry about how to secure their child’s future upon their passing. Setting up a special needs trust as part of your estate planning will allow you to leave money or property to a loved one with a disability. A special needs trust, sometimes called a supplemental needs trust, is specially [...] Read More 5
When You Need a Pour-Over Will By Sandra McCarthy|October 18th, 2016|Estate Planning, Personal| Most people create a revocable living trust to avoid probate. A pour-over will is also executed to allow any unknown assets outside the trust to pass through the pour-over will into the trust upon the testator's death. Trust property is then distributed to trust beneficiaries. Contact A People’s Choice for more information on how to prepare a pour-over will. Read More 2
What’s Conservatorship of the Estate vs. Conservatorship of the Person? By Sandra McCarthy|September 14th, 2022|Conservatorship, California Courts| When setting up a conservatorship, one of the top questions people have is often, "What is conservatorship of the estate vs. conservatorship of the person?" Read More 0
Understanding Federal Estate and Gift Tax Rates in California By Sandra McCarthy|September 12th, 2022|Estate Planning, Probate| The federal gift tax is a tax by the government that applies to either assets left by a decedent at their death or assets given by an individual during their lifetime. In essence, whether you give your assets away while you are still living, or give them away when you die, they are subject to a tax. Gift tax applies to lifetime gifts; estate tax applies to assets left at death. Read on to learn about the federal estate and gift tax and how it may affect your estate. Read More 0
Conservatorship vs. Power of Attorney in California By Sandra McCarthy|September 7th, 2022|California Courts, Probate| When comparing conservatorship vs. power of attorney in California, which one is better? And under what circumstances? Read More 8
Do I Need a Probate Lawyer in California? By Sandra McCarthy|August 24th, 2022|California Courts, Estate Planning, Probate| Wondering, "Do I need a probate lawyer in California to make my life easier?" The answer is sometimes "yes," but it really depends on your case. Read More 4
What Is My Wife Entitled to in a Divorce in California? By Sandra McCarthy|August 17th, 2022|California Courts, Divorce, Family Law| If you're thinking about (or are in the process of) divorcing your wife in California, you know navigating a divorce can be a demanding and perplexing time in your life. Establishing who obtains what assets and child support go to whom is stressful, to say the least, but recognizing what you are entitled to [...] Read More 0
What’s a Conservatorship of the Estate in California? By Sandra McCarthy|August 10th, 2022|California Courts, Estate Planning, Family Law, Probate| It happens every day: while driving on a highway, someone gets into a ghastly accident and sustains an injury. The accident impairs their cognitive and physical ability, and they can no longer oversee their estates and finances. What happens if, God forbid, this person is your spouse or relative? You may decide you need [...] Read More 0
How to File for Conservatorship in Orange County, CA By Sandra McCarthy|June 8th, 2022|California Courts, Probate| An elderly parent suffers a fall and can't get around anymore. An octogenarian starts falling prey to scams targeting the elderly, losing tens of thousands of dollars. An adult sibling is in a horrible car accident, leaving them incapacitated and requiring substantial medical treatment and powerful drugs. If any of these things happen to [...] Read More 2
What You Should Know about Mental Incapacity Divorce in California By Sandra McCarthy|April 11th, 2022|California Courts, Divorce, Family Law| Divorce isn’t easy. You have to agree on difficult topics like custody of children and division of property, all while dealing with painful emotions. A mental incapacity divorce in California complicates things even further. It's not enough to show that your spouse acts erratically or irrationally; they have to fit very specific criteria for [...] Read More 2
What Is Guardianship and Conservatorship? An Explanation in Plain English By Sandra McCarthy|February 14th, 2022|Family Law, Probate| Guardianships and conservatorships exist to help people who can't always help themselves. However, unlike other states, California defines guardianship and conservatorship as two completely different arrangements. Both have to do with caring for someone who can't care for themselves, but they have separate meanings and applications. So, what is guardianship and conservatorship in the [...] Read More 0
Estate Planning 101 for Californians: Here Are the Basics By Sandra McCarthy|January 25th, 2022|California Courts, Estate Planning| Do you have an estate plan? If you live in California, do you know the basics of estate planning in the Golden State? If your answer is "no," it's time for Estate Planning 101. An estate plan is a must for every adult, but before planning your estate, you need to understand the estate [...] Read More 0
State Specific Estate Planning Laws for Californians: What You Need to Know By Sandra McCarthy|January 12th, 2022|Estate Planning| Are estate planning laws the same in every state? Definitely not! That's why if you've recently moved from one state to another, let’s say North Dakota to California, you might have some reading about state specific estate planning laws ahead of you. The same goes if you own a business with outlets in many [...] Read More 0
Why and How You Can Plan Your Estate Today By Sandra McCarthy|January 10th, 2022|Estate Planning| According to Forbes, most people avoid estate planning. They might feel they're too busy and will get it done at a later time in their lives. They may also fear the expense. Finally, some people also perceive estate planning as some kind of jinx. If you're like the average Joe, you may prefer to live [...] Read More 0
6 Critical Estate Planning Tools Explained By Sandra McCarthy|December 20th, 2021|Estate Planning| "Nothing is certain but death and taxes," as Benjamin Franklin famously said. That's why estate planning is so critical; you know life has to end eventually, so you might as well be prepared. To get started, you'll need to know about some of the best estate planning tools. There are plenty of estate planning [...] Read More 0
The Difference Between Elder Law and Estate Planning By Sandra McCarthy|December 13th, 2021|Estate Planning| "Aging is a privilege denied to many." This saying rings so true, and we should treasure our time on this earth as we grow older. But there are also certain complications, such as elder estate planning, that come into play as we (or our loved ones) accrue more birthdays. Elder Law and estate planning [...] Read More 0
The 7 Most Common Estate Planning Questions Answered By Sandra McCarthy|December 6th, 2021|Estate Planning| Do you have an estate plan? If you don't and you're in the US, you're one of the more than half of Americans who doesn't have a will. However, this isn't something you want to sweep under the rug. You should prioritize drafting an estate plan for your personal assets. And when you do, [...] Read More 0
10 Benefits of Estate Planning (in California) You Need to Know By Sandra McCarthy|November 29th, 2021|Estate Planning| Plenty of people think estate planning is only for elderly, wealthy individuals. They may think estate planning holds few benefits for those who are younger or of modest means. The truth is, you don't have to be rich and elderly to reap the benefits of estate planning! You can benefit from it right now. [...] Read More 0