Watching your parents get old is not easy. If they are diagnosed with dementia, the aging process can be even more difficult and heartbreaking. Beyond the forgetful past and confusing present, dementia can also impact the future – especially when it comes to estate planning.

Attorney Susan B. Geffen is an experienced elder law attorney in Los Angeles who provides guidance and support to families navigating the complex legal landscape surrounding aging parents with dementia. In this blog post, we will explore the importance of elder law and estate planning and provide valuable insights to help you protect your loved ones and secure their future during this challenging time.

Understanding Elder Law and Estate Planning

Planning for Incapacity:

Dementia can impair an individual’s ability to make sound decisions, handle finances, and communicate effectively. Establishing a comprehensive plan for incapacity is crucial. This includes preparing legal documents such as a durable power of attorney, a healthcare proxy or medical power of attorney, and a living will. These documents ensure that trusted individuals are authorized to make financial and medical decisions on behalf of your aging parent when they are no longer able to do so themselves.

Guardianship and Conservatorship:

In situations where a loved one with dementia did not establish incapacity planning in advance, it may be necessary to pursue guardianship or conservatorship. These legal processes allow you to obtain legal authority to make decisions on behalf of your parent and manage their affairs. Consulting with an experienced elder law attorney like Susan B. Geffen can help you navigate the intricacies of guardianship and conservatorship proceedings.

Long-Term Care Planning:

Caring for a parent with dementia often involves the need for long-term care services, such as assisted living or nursing home care. Long-term care planning helps you understand the available options, explore potential sources of funding, and ensure your loved one receives the necessary care while preserving their assets to the greatest extent possible. Medicaid planning, veterans benefits, and long-term care insurance are just a few avenues to consider. An elder law attorney can assist you in developing a plan tailored to your specific circumstances.

Estate Planning and Asset Protection:

Estate planning is crucial for individuals with dementia to ensure their wishes are upheld and their assets are protected. This may involve drafting or updating a will, establishing trusts, and designating beneficiaries for various accounts. Estate planning not only provides peace of mind but also helps minimize the risk of financial exploitation and ensures a smooth transition of assets upon your parent’s passing.

Special Needs Planning:

If your parent has dementia and also has a dependent with special needs, special needs planning is essential. It involves creating a plan that provides for the unique needs of your loved one with special needs while taking into consideration the impact of dementia on the overall estate plan. This can involve establishing special needs trusts, naming guardians, and ensuring that your parent’s assets are structured to support both their care and the care of their dependent.

Navigating elder law and estate planning for aging parents with dementia can be complex and emotionally challenging. By understanding the importance of proactive planning, seeking legal guidance, and addressing the unique needs of your loved one, you can provide them with the protection, care, and dignity they deserve.

Contact an Elder Law Attorney in Los Angeles

As a trusted elder law attorney in Los Angeles, I am dedicated to helping families like yours navigate the legal intricacies surrounding dementia and aging. If you have concerns about elder law, estate planning, or caring for a loved one with dementia, reach out to my office for a consultation. Together, we can develop a comprehensive plan that ensures your parent’s well-being and preserves their legacy.

Remember, taking proactive legal steps today can provide peace of mind and make a significant difference in the lives of your aging parents and your family as a whole. Let Attorney Susan B. Geffen guide you through the complexities of elder law and estate planning, and empower you to make informed decisions for your loved ones.

While some have more than others, most people have assets, or things they own. Estate planning is the process of arranging for the management and distribution of your assets after your death or incapacity. Regardless of how much you own or how old you are, Attorney Susan B. Geffen can help you with estate planning so that your loved ones are not left with the confusion and burden of dealing with your estate after you are gone or trying to guess how you would want your assets allocated. The goal of estate planning at our West Los Angeles law office is to ensure that your wishes are carried out and that your assets are distributed according to your wishes while minimizing taxes and expenses.

How Can an Attorney Help with Estate Planning?

An attorney can play a crucial role in estate planning by providing legal advice, drafting legal documents, and helping to ensure that your wishes are carried out after you pass away. Here are some specific ways that Estate Planning Attorney Susan B. Geffen can assist you in California:

• Drafting a will: We can help you create a legally binding document that outlines how your assets will be distributed after your death. A will can also name an executor who will be responsible for managing your estate.
• Creating trusts: We can help you create trusts that can protect your assets and ensure that they are distributed according to your wishes. Trusts can be set up to help you avoid probate, minimize taxes, and provide for loved ones who may have special needs.
• Establishing powers of attorney: We can help you set up powers of attorney that allow someone else to make financial or medical decisions on your behalf if you become unable to do so yourself.
• Minimizing taxes: We can help you develop strategies to minimize taxes on your estate and ensure that your assets are distributed in a tax-efficient manner.
• Updating your plan: We can help you review and update your estate plan periodically to ensure that it continues to reflect your wishes and meets your changing needs.

As your Estate Planning Attorney in West Los Angeles, we are confident that we can provide valuable guidance and assistance with estate planning to help you protect your assets, minimize taxes, and ensure that your wishes are carried out after you pass away.

What Types of Assets and Decisions Does an Estate Plan Cover?

An estate plan can cover a wide range of assets and decisions, depending on your specific circumstances and goals. Susan B. Geffen is an experienced attorney who can help you create an estate plan that will protect and distribute the following types of assets:

• Real estate: Your estate plan can include provisions for how your real estate holdings should be distributed after your death, such as a family home, investment properties, or vacation homes.
• Personal property: This can include anything from your car to your jewelry collection. Your estate plan can help you determine who will inherit these assets and how they will be distributed.
• Bank accounts and investments: Your estate plan can outline how your bank accounts, stocks, bonds, and other investments will be distributed.
• Business interests: If you own a business, your estate plan can help you determine how it will be managed and transferred after your death.

An estate plan can also cover a range of decisions related to your personal well-being, including:

• Health care: Your estate plan can include provisions for how you wish to be cared for if you become incapacitated, including who will make decisions on your behalf.
• End-of-life care: Your estate plan can outline your wishes for end-of-life care, including whether you wish to be kept alive by artificial means or if you prefer to receive palliative care.
• Guardianship: If you have minor children, your estate plan can name a guardian to take care of them if you are no longer able to do so.

As your Estate Planning and Elder Law Attorney, Susan B. Geffen helps clients understand how an estate plan can provide peace of mind by ensuring that your assets are distributed according to your wishes and that your personal well-being is protected, even after you are no longer able to make decisions on your own.

When Should Estate Planning Be Done?

You can create an estate plan at any time, but it’s best to start as soon as possible, especially if you have significant assets, dependents, or health concerns. It’s never too early to start planning for the future and ensuring that your wishes are carried out.

Here are some common life events that may prompt you to create or update your estate plan:

• Marriage or divorce: When you get married or divorced, you may need to update your estate plan to reflect changes in your marital status and beneficiaries.
• Birth or adoption of a child: When you have a child, it’s important to update your estate plan to include provisions for their care and to name a guardian in case something happens to you and your spouse.
• Significant change in financial circumstances: If you experience a significant change in your financial circumstances, such as an inheritance, sale of a business, or winning the lottery, you may need to update your estate plan to reflect these changes.
• Changes in health or disability: If you or a family member experience changes in health or disability, it’s important to ensure that your estate plan includes provisions for medical care and long-term care planning.
• Retirement: When you retire, you may need to update your estate plan to reflect changes in your income and assets.

At the law office of Susan B. Geffen, we understand the importance of allowing you to review your estate plan regularly and update it as needed to ensure that it reflects your current wishes and circumstances. Our estate planning attorney can help you create or update your estate plan as necessary.

How Often Can an Estate Plan be Changed?

Your estate plan can be changed or updated at any time, as long as you are mentally competent and able to make decisions. It’s important to review your estate plan regularly, especially if there have been significant changes in your life or circumstances, to ensure that it still reflects your wishes and goals.

Here are some common reasons why you might need to change your estate plan with our California law firm:

• Changes in your family or beneficiaries: If you have a new child, get married or divorced, or experience a death in the family, you may need to update your estate plan to reflect these changes.
• Changes in your assets: If you acquire new assets or sell existing ones, you may need to update your estate plan to ensure that your assets are distributed according to your wishes.
• Changes in your health or medical needs: If you develop a medical condition or your health deteriorates, you may need to update your estate plan to reflect your current medical needs and preferences.
• Changes in tax laws: If there are changes in tax laws, you may need to update your estate plan to ensure that you are taking advantage of all available tax planning strategies.
• Changes in your wishes or goals: If your wishes or goals change over time, you may need to update your estate plan to ensure that it still reflects your current wishes and goals.

Our experienced estate planning attorney in Los Angeles will ensure that any changes to your estate plan are made correctly and that your estate plan continues to meet your needs and goals as you age.

What Happens if You Don’t Have an Estate Plan?

If you don’t have an estate plan, your assets and affairs may be subject to the laws of your state, which may not align with your wishes or the best interests of your loved ones. Here are some of the potential consequences of not having an estate plan:

• Intestacy laws apply: If you die without a will or other estate planning documents, the laws of your state will determine how your assets will be distributed. This may result in your assets going to family members or other individuals who you would not have chosen.
• No plan for incapacity: Without an estate plan, there is no plan in place for managing your affairs if you become incapacitated. This could result in a court-appointed guardian making decisions on your behalf, which may not align with your wishes.
• No tax planning: An estate plan can help minimize the amount of taxes that must be paid on your estate, which can save your heirs significant amounts of money. Without an estate plan, your estate may be subject to higher taxes.
• No guardianship provisions: If you have minor children, an estate plan can name a guardian to care for them if you are no longer able to do so. Without this provision, a court may appoint a guardian who you would not have chosen.

Overall, not having an estate plan can result in uncertainty, confusion, and potentially costly legal battles. By taking the time to create an estate plan, you can ensure that your assets are distributed according to your wishes, your loved ones are taken care of, and your personal affairs are managed in a way that aligns with your values and beliefs.

Contact an Estate Planning Lawyer Today

At the law office of Susan B. Geffen, we don’t want you to be left with the hardship and expense of dealing with the affairs and assets of your loved one without an estate plan. Contact Attorney Susan B. Geffen in Los Angeles for expert legal counsel on this delicate but important matter. She is an elder law attorney with a passion for advocating for the elderly and their families for over 30 years. Beyond Estate Planning and Living Trusts, our Los Angeles law office can also handle Conservatorships, Wills, Trust Litigation, and Probate.

If you have recently lost a loved one, it may seem overwhelming or nearly impossible to think about what happens to their estate and assets. Attorney Susan B. Geffen understands how delicate yet important the legal process can be when you are also grieving. She is an experienced Probate Lawyer California who can help you protect your loved one’s assets and ensure everything is in order. Without a skilled probate lawyer, the distribution of assets and estate could create unnecessary stress and even lead to issues for titled property such as vehicles, business interests, and real estate.

What is Non-Contested Probate

Non-contested probate refers to the legal process of administering a deceased person’s estate when there are no disputes or challenges among the heirs or beneficiaries of the estate. In other words, everyone who has a claim to the assets in the estate agrees on how the assets should be distributed, and there are no objections to the validity of the will (if there is one).

During a non-contested probate, the court oversees the distribution of the assets according to the terms of the will or, if there is no will, according to state law. The executor of the will (or the administrator of the estate, if there is no will) manages the assets and debts of the deceased, pays any outstanding debts, and distributes the remaining assets to the heirs or beneficiaries.

Non-contested probate is generally quicker and less expensive than contested probate, which is the legal process when there are disputes or challenges to the administration of the estate.

What is the Probate Process in California?

Probate is the legal process of administering the estate of a deceased person, including distributing their assets and settling their debts. In California, the probate process can be a lengthy and complex procedure that involves several steps, including the following:

Filing the Petition for Probate

The first step in the probate process is to file a petition for probate with the Superior Court in the county where the deceased person lived. The petition will ask the court to appoint a personal representative (executor or administrator) to manage the estate.

Notice to Heirs and Beneficiaries

The personal representative must send a notice of the probate to all heirs and beneficiaries of the deceased person. This notice will inform them of their rights in the probate process.

Inventory and Appraisal

The personal representative must prepare an inventory of all the assets and debts of the estate and have them appraised by a qualified appraiser.

Payment of Debts and Taxes

The personal representative must pay all debts and taxes owed by the estate before any assets can be distributed to the heirs and beneficiaries.

Distribution of Assets

Once all debts and taxes have been paid, the personal representative can distribute the remaining assets of the estate to the heirs and beneficiaries according to the terms of the will or California law if there is no will.

Closing the Estate

Once all assets have been distributed, the personal representative can close the estate by filing a final accounting with the court and obtaining a discharge from their duties.

It is important to note that the probate process can be time-consuming, expensive and stressful without the help of an experienced probate lawyer to guide you through the process. Attorney Susan B. Geffen is equipped to help lessen the burden of legal matters after death.

How a Probate Attorney Helps with Assets

While all the assets of the deceased don’t have to go through probate, it is usually a good idea for estates to go through probate to avoid future liability. Attorney Susan B. Geffen helps clients understand the difference between probate assets and non-probate assets.

Probate assets are assets that are subject to the probate process after a person passes away. These assets include:

• Assets that are solely owned by the deceased person without a beneficiary designation, such as a bank account or real estate.
• Assets owned by the deceased person with other people as tenants in common, meaning each owner owns a distinct share that will pass to their heirs or beneficiaries through probate.
• Assets that are payable to the deceased person’s estate, such as a life insurance policy or retirement account without a designated beneficiary.

Non-probate assets, on the other hand, are assets that pass outside of the probate process and go directly to the designated beneficiary or joint owner upon the death of the owner. These assets include:

• Assets with a beneficiary designation, such as life insurance policies, retirement accounts, and payable-on-death bank accounts.
• Assets held in joint tenancy with right of survivorship, such as real estate or bank accounts.
• Assets held in a trust, which can allow for the transfer of assets outside of the probate process.

It is important to understand the distinction between probate and non-probate assets, as it can affect the distribution of assets after death and the probate process. Our California probate lawyer can help you properly designate beneficiaries and structure assets, which may ultimately allow you to minimize the time and expense of the probate process.

What Happens If the Deceased Had Assets In Multiple States Besides California?

If the deceased had assets in multiple states besides California, it can complicate the probate process, and it may be necessary to open a separate probate case in each state where the deceased owned assets.

Each state has its own laws regarding probate, and the probate process can vary significantly from state to state. Some states may require a more extensive probate process than others, which can make the process more time-consuming and costly.

If the deceased had a will, it is important to determine whether the will is valid in each state where the deceased owned assets. Some states have different requirements for wills, and a will that is valid in one state may not be valid in another.

If the deceased had a trust, it may be possible to avoid the probate process in some states by transferring assets to the trust during the deceased person’s lifetime. However, this will depend on the specific terms of the trust and the laws of each state where the deceased owned assets.

Attorney Susan B. Geffen is familiar with probate law in multiple states to ensure that such cases within the probate process are handled correctly and efficiently. She can help you navigate the complex legal requirements and ensure that your loved one’s assets are distributed according to their wishes.

Why Is It Important to Close Probate Once Everything Is Complete?

It is important to close probate once everything is complete because it legally ends the administration of the deceased person’s estate. Closing probate means that the assets have been distributed to the beneficiaries, any outstanding debts or taxes have been paid, and the executor or administrator has fulfilled their duties.

Some reasons why it is important to close probate include:

• Protecting the executor or administrator: Once probate is closed, the executor or administrator is released from any further liability related to the estate. This means that they cannot be sued or held responsible for any issues that arise after the estate is closed.
• Clearing title to real estate and other assets: Closing probate also helps clear title to any real estate or other assets owned by the deceased person. This is important for beneficiaries who want to sell or transfer the assets.
• Distributing assets to beneficiaries: Once probate is closed, the assets can be distributed to the beneficiaries according to the terms of the will or state law. This ensures that the beneficiaries receive their rightful share of the estate.
• Avoiding ongoing expenses: Keeping probate open can result in ongoing expenses, such as attorney fees and court costs. Closing probate can help reduce these expenses and bring finality to the administration of the estate.

Overall, closing probate is important because it brings finality to the administration of the estate, protects the executor or administrator, clears title to assets, distributes assets to beneficiaries, and avoids ongoing expenses.

Consult a Talented Non-Contested Probate Lawyer in Los Angeles

If you are burdened by the probate process ahead of you after your loved one has passed away, let Attorney Susan B. Geffen help. Call our Los Angeles legal office today to schedule your consultation regarding your probate case in California.