FAQ’s

1. Isn’t Estate Planning only for “rich people”.

Estate planning can greatly benefit you and your family and is not just for “rich people”. Without your own estate plan, in many instances the state of California will control how your assets, estate and money will get distributed after you die and will not be concerned about your wishes and what you want.

2. What will happen to my Children if I pass away without proper planning and legal documentation?

Have you or your loved ones ever thought about what would happen to your kids if something tragic happened to you and or your spouse or partner? Without proper legal documentation, the Child Protective Services may step in and look to protect your children. Plus, without proper planning, your children would not have access to your assets or money without going through a lengthy and expensive process to unfreeze your funds. Fortunately, these stressful situations are avoidable with proper planning.

3. Is probate avoidable in California?

Probate is unavoidable in California if you and your loved ones rely on a will to pass on your assets and funds to your children or loved ones. This is also true if you own real property in California or have assets, funds and money totaling over $150,000. For those unfamiliar with the probate processes, it is a very expensive and time consuming proceeding in which the State probate court will verify that your will is indeed valid. The court will also inventory your personal property, appraise your property, pay your debts and past taxes and distribute the remaining property and assets as the will directs. Besides being expensive and time consuming, probate is completely open to the public. That means shady characters, including con men are privy to the name of your loved-ones in the will as well as, the amount of money you’ve left behind at the time of your death. Fortunately, we can protect you and your family from probate nightmares with proper planning and documentation.

4. If my loved one qualifies for long term care benefits, will the quality of care be less than par?

With effective nursing home and Medicaid Planning, we will make sure you and your loved ones receive outstanding care that is in many cases, paid for by the government. What this means is that the quality provided is never sacrificed.

5. Are Estate Plans and Trusts private documents?

Yes, your Estate Plan and Trusts are completely private documents. Only those directly named in the Estate Plan, Trust and legal documents are aware of the trust assets and distribution of your estate after your death.

6. Do I need a Trust to qualify for Medi-Cal?

Trusts can also be set up to help you and loved ones qualify for Medi-CAL and also as a shelter from creditors so you never lose assets, funds and important family legacies.

7. What type of legal services does Senior Citizen Lawyer provide?

We are here to help you with Medi-Cal Long Term Qualifications, Medi-Cal Irrevocable Trusts, Asset Protection, Estate Planning, Wills, Revocable Living Trusts, Asset Protection Trusts, Special Needs Trust, Health Care Directives, Disability Planning and so much more.

8. What type of Federal Veteran’s Benefits are available?

Thankfully, Men and Women who served in the armed forces may be eligible for some financial assistance programs that have been established by the federal government specifically for veterans. The federal government also offers elderly veterans services that can help with long-term care. Unfortunately, many veterans who may qualify for help and free services, are unaware that these programs exist or how to apply for the funds.

9. What is the difference between a Will and a Trust?

The major difference between a Will and a Trust is that a Will is subject to probate, and a Trust is not. Remember, when a person dies with a Will, their estate is subject to “probate” which is awful and expensive. When assets are transferred to a Living Trust, they do not go through probate.

10. What is a durable power of attorney?

A durable power of attorney is a legal document that allows someone else who you know and trust, to manage your assets on your behalf in the event that you become ill, or in incapacitated to make important asset management decisions on your own. A durable power of attorney is different than a California Advance Health Care Directive, where someone else makes healthcare decisions on your behalf under similar circumstances.

11. What are the benefits of having a Living Trust?

Here are a couple of benefits of having a Trust:
Control – You have control of which beneficiary gets what part of your estate but also when he or she gets it.
Avoidance of Probate – Your beneficiaries will be able to inherit your assets without going through the very public and expensive probate process in court.

  • Decreased Estate Tax Liability – A living trust can help minimize your tax liability with regard to gift taxes, estate taxes an possibly income taxes.
  • Privacy – Since a living trust is not a matter of public record by avoiding probate, no one but your beneficiaries will know what assets are contained in the trust.

12. What is Estate Planning?

Estate planning is a strategy that helps ensure the transfer of your assets before your death or upon your death in a way that benefits both you and your loved ones and heirs as much as possible. Estate planning can also help protect you by making sure financial resources are always available to provide you and your family with a good quality of life. No one wants to become a burden on someone they love.

13. Can Senior Citizen Lawyer help set up a Special Needs Trust?

Yes, we can help you plan through a special needs trust to make sure your loved ones are taken care of for decades to come.

14. What is Medi-Cal planning?

We provide Medi-Cal planning for our valued clients for two primary reasons: To get Medi-Cal to pay for in home care and to have Medi-Cal pay for the high costs involved for nursing home care. Over the past decade we’ve helped hundreds of clients qualify and take advantage of these programs which have in turn saved them a combined millions of dollars.

15. How much do you charge for your fees?

Our fees are “flat fee” based and affordable so never pay an hourly rate. Call Senior Citizen Lawyer today to schedule your FREE and Confidential Consultation and see what programs you may qualify for.

Call today to schedule your FREE Consultation