How Can Medi-Cal Planning Address Your Concerns?

As people age, many become concerned about healthcare. If they become subject to a diminished mental or physical capability, how can they afford assisted care? How can they avoid exposing their spouse to financial hardship because of their own debilitation? Medi-Cal eligibility planning may provide you with some solutions for this concern. You can discuss Medi-Cal long-term care alternatives with your estate planning attorney in addition to working out a plan to qualify for Medi-Cal. To qualify for Medi-Cal, your income and assets must meet certain limitations. Reducing long-term care expenses, establishing trusts, spending down assets, and other estate planning...

Contesting A Will In California

The contestants of a will have the burden of providing evidence and persuasion to establish lack of testamentary intent or capacity, fraud, duress, undue influence, mistake or revocation. Latent or patent ambiguities are errors the court may remedy, if applicable. A patent ambiguity is when a word is vague on the surface, and a latent ambiguity is when a word can have more than one meaning. A California estate planning attorney assists clients by drafting a will in a manner designed to avoid ambiguities. Arguing ambiguities Under Cal. Prob. Code §21120, the words of an instrument are to be interpreted...

What Pitfalls Can an Estate Planning Attorney Help You Avoid?

The reasons for using a San Jose estate planning attorney are numerous, but the main reason is to avoid problems or legal entanglements of which you are possibly not aware. For example, one estate planning tool may be to create joint ownership of assets, which California statutes refer to as joint tenancy. When a husband and wife establish joint tenancy, the legal term used is tenancy by the entirety. Joint tenants, share equal ownership of the property and hold the property under the same title. When one person dies, the other has rights of survivorship and the remainder of the...

Satisfying Expectations By Drafting A Valid Will In California

A will may be contested in court for a host of reasons, whether due to a testator’s lack of capacity at the time the will was executed, or due to fraud, undue influence or mistake. A California estate planning law firm assists clients in drafting wills and litigating issues related to will contentions. Possessing testamentary capacity at the time of execution Under California Probate Code §6100, an individual must be at least 18 years-old and of sound mind to form a will. Additionally, the Probate Code §§6110-6113 requires a will be signed by the person creating the will, known as...

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