On behalf of The Elder and Disability Law Firm, APC posted in trusts & trust administration on Friday, February 22, 2019. California residents can benefit from estate planning even if they don't consider themselves to be wealthy. Not having an estate plan could leave assets in limbo, and it could cost money currently earmarked for beneficiaries to determine how they should be distributed. One of the first steps to creating an estate plan is to make use of beneficiary designations o...
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Trusts provide privacy and do not require probate
On behalf of The Elder and Disability Law Firm, APC posted in trusts & trust administration on Wednesday, February 20, 2019. Trusts can support many estate planning goals for people in California. A trust creates a legal entity that can accept ownership of various assets that a person chooses to transfer into it. Significant advantages provided by trusts include the private transfer of wealth and avoidance of the public probate process. Probate courts review wills, and they also re...
Identifying the interested parties in probate legislation
On behalf of The Elder and Disability Law Firm, APC posted in estate administration & probate on Friday, February 15, 2019. When a will is contested in California, a question comes up as to who the interested parties are with regards to the estate. At first glance, the answer to this question might seem clear-cut. However, after more investigation is done, it may come to light that there are a number of interested parties, many of which the individual or individuals initiating the ...
The nature of work performed is a disability factor
On behalf of The Elder and Disability Law Firm, APC posted in social security disability on Tuesday, February 12, 2019. In the five-step sequential process for getting Social Security Disability Insurance, it first must be determined that a claimant is not engaging in substantial gainful activity and has a severe impairment. Many California residents who apply for SSDI benefits are denied because their impairments do not meet the SocialQD Security Administration's threshold, which is...
SSD benefits may not be permanent
On behalf of The Elder and Disability Law Firm, APC posted in social security disability on Friday, February 8, 2019. Social security disability benefits are often awarded only after a rigorous and contentious process. Many California claimants are denied on the initial application and then again on the first level of appeal, reconsideration. Often, only after the claimant has appeared before an administrative law judge at the next level of appeal, the disability hearing, do the mo...
Disability hearings are often important but short
On behalf of The Elder and Disability Law Firm, APC posted in social security disability on Thursday, February 7, 2019. People in California may think about and prepare a great deal for an upcoming disability hearing to appeal a denial of Social Security Disability benefits. After all, these hearings conducted before an administrative law judge provide the greatest opportunity for people to obtain the disability benefits they need and deserve. Despite all the preparation and materi...
Common errors that lead to disability claim denials
On behalf of The Elder and Disability Law Firm, APC posted in social security disability on Thursday, January 31, 2019. There is no guarantee that an individual in California or any other state will have his or her disability benefit application approved. However, there are steps a person can take to maximize the chances of that happening. First, an applicant should ensure that their doctor agrees with the decision to file for disability benefits. If that is the case, that doctor s...
How to decide when to tell children about a trust
On behalf of The Elder and Disability Law Firm, APC posted in trusts & trust administration on Thursday, January 31, 2019. Parents or grandparents in California and throughout the country generally must tell beneficiaries that they are included in a trust. However, there is no clear guideline as to when they must tell their children or grandchildren about their inheritance. As a general rule, a beneficiary must be given an annual statement by the time he or she reaches age 25. Thes...
Expect long waits when applying for Social Security Disability
On behalf of The Elder and Disability Law Firm, APC posted in social security disability on Saturday, January 26, 2019. California workers disabled by serious injuries or suffering from debilitating or terminal diseases often seek Social Security Disability Insurance benefits. The Social Security Administration will need three to six months to review an application's paperwork and medical records. Only about one-third of applicants succeed on their first attempt. When the agency de...
Elderly are vulnerable to financial exploitation
On behalf of The Elder and Disability Law Firm, APC on Thursday, January 24, 2019. It's a sad fact that senior citizens in the United States are all too frequently the victims of financial exploitation. What is particularly insidious about the situation is that it typically remains undetected until the financial damage is already done.According to one study done by the MetLife Mature Market Institute, each year, senior citizens are collectively defrauded out of $2.6 billion. The U....