Estate Planning, Family Law, Trust Administration, and Probate in Santa Barbara County

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Why Seniors and Their Families Should Be Wary of Reverse Mortgages - Part 1

You may have seen the ads touting the benefits of reverse mortgages. These commercials over the years have typically featured famous actors like Henry “Fonzie” Winkler, Robert Wagner, and former U.S. Senator Fred Thompson telling elderly homeowners how they can dramatically improve their retirement with a reverse mortgage.

But what the ads don’t show is that reverse mortgages have actually caused heartbreak and financial devastation for thousands of elderly homeowners and their families. In fact, a USA TODAY review of government foreclosure data between 2013 and 2017 found that nearly 100,000 reverse mortgages failed during the years following the recession.

As a result, thousands of elderly citizens ended up losing homes that had been in their families for generations. In other cases, adult children, who expected to inherit the family home, were forced to sell the property (often below market value) or sign it over to the lender a few months after their parent’s death.

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How to Plan a "Pet Trust" to Protect Your Pet After Your Death

In our previous article, “What Happens to Your Pets When You Die?,” we talked about what to take into consideration when you’re planning for your pet’s care, in the event of your incapacity or your death. This week, we’re going to give you the steps to take in creating a pet trust to provide for your companion animal, or animals, if you cannot be there for them.

A WILL IS NOT ENOUGH

You might think that merely including a letter laying out the specifics of your pet’s care with your will is sufficient to provide care for your companion animals. However, you need to remember that the directions in your will won’t take effect until the estate is administered.

In the meantime, what happens to your pet? If there’s no provision for their immediate care, you may as well have just made an informal agreement, which is not enforceable.

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What Happens to Your Pets When You Die?

If you have pets, our guess is that you love them as your friends and treat them as a part of your family, but we’re also guessing that you have not provided any written or, better yet, legally documented instructions about what should happen to them, if you become incapacitated or when you die. If you have done that already, then read this article with an eye to ensuring you’ve checked all the right boxes for the beings you love. If you haven’t, read on because it’s time to take action, and we can make it easy for you to do the right thing by the pets you love.

Let’s start by looking at what happens if you become incapacitated or when you die, if you’ve done nothing to ensure the well-being and care of your pets. It may be that if you do nothing, one or more of your friends and family will step forward to take care of your pets. But, will the person who steps forward be the person you would choose? And, will they be able to easily afford to care for your pet, in the way you do?

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Frequently Asked Questions About Long-Term Care Insurance

Our nation’s population is aging at a faster rate than ever before, and collectively we are living much longer than in the past. In fact, by 2034, seniors (age 65 and older) will outnumber children under age 18 for the first time in U.S. history, according to Census Bureau projections.

With the booming aging population, more and more seniors will require long-term healthcare services, whether at home, in an assisted living facility, or in a nursing home. However, such long-term care can be extremely expensive, especially when it’s needed for extended periods.

Moreover, many people mistakenly believe that their health insurance or the government will pay for their long-term care needs. But the fact is, traditional health insurance doesn’t cover long-term care. And though Medicare does pay for some long-term care, it’s typically limited (covering a maximum of 100 days), difficult to qualify for, and requires you to deplete nearly all of your assets before being eligible (unless you use proactive planning to shield your assets, which we can support you with if that’s important to you and your family).

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Four Warning Signs of a Financial Scam

Nobody likes to admit they’ve fallen for a financial scam, but the fact is, it’s easier than ever to get caught up in one. This is especially true in today’s all-digital world, where practically every shred of data related to your personal and financial background can be found online.

While no one is forcing you to use the Internet to manage your financial accounts, purchase goods and services, or communicate with the outside world, these days it’s nearly impossible to live your life without the web. This net-based existence can feel somewhat unnerving for those of us who came of age while the tech revolution was already underway, but for the elderly, who lived the vast majority of their lives offline, it can be absolutely overwhelming.

Given their lack of tech experience, coupled with the fact that many of them are undergoing varying levels of cognitive decline and sometimes live lonely, isolated lives, scammers view seniors as easy targets. And many of today’s con artists are so sophisticated, even the most intelligent and educated can be duped.

To protect your aging loved ones (and yourself) from such predators, it’s critical to know the warning signs of financial exploitation. The following are four big red flags to watch for:

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Three Vital Estate Planning Documents for High School Graduates

At this time of year, young people across the country are about to reach a key milestone: high school graduation. If you have a child claiming their diploma, now is the time to prepare them for life after leaving the nest.

Graduating high school is a significant accomplishment. However, it comes with serious responsibilities that your child probably isn't thinking much about right now. Once your child turns 18, they become a legal adult, and specific areas of their lives that were once under your control will, by law, be solely their responsibility.

While your child will now be a legal adult, you still have essential parental duties. Yet, if you don't support your child to step into adulthood with legal documents in place to help both of you, it can be challenging and costly for you to help them in the event of an emergency.

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Why “Just a Will” Is Never Enough

When you think of estate planning, a Will is usually the first thing that comes to mind. In fact, most people who contact us tell us they don’t need anything complicated for their estate - just a Will. Indeed, Wills have a reputation as the number one estate planning tool and can be seen all over TV shows and movies, from the dramatic “reading of the Will” (which rarely happens in real life) to characters plotting how best to defraud their billionaire uncle’s Will in order to inherit his lavish estate.

But although Wills are a key part of your estate plan - and a big part of the movies - relying on a Will alone won’t solve your estate planning needs - no matter what Hollywood says. Instead, using just a Will to plan your final wishes is likely to leave your loved ones with an expensive mess that won’t distribute your assets in the way you intended.

What’s more, a Will alone won’t ensure that you’re taken care of in the event of incapacity, and contrary to what you might think, relying on only a Will actually guarantees that your family will need to go to court when you die.

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Capturing the Stories of Aging Loved Ones: The Power of a Family Wealth Legacy Interview

May is Senior Citizen’s Month, a time to reflect and appreciate all the things the seniors in our lives have done for us. Whether they are our parents, grandparents, or elderly friends, our seniors have given us so much over the years. But sometimes seeing your loved ones aging or seeing how you’ve aged yourself may remind you of how quickly time passes and how much you wish you could pause life. 

When you think about a loved one who has passed away, you probably don’t give much thought to the material things they’ve left you. Maybe you have a piece of their clothing that you sometimes hold close to your heart or a favorite item of theirs displayed proudly on a shelf. But what you value most about that object likely isn’t its monetary worth but the memories it evokes of your loved one and the time you spent together. You wish you could still hear from them, learn from them, and share memories with them.

As a Personal Family Lawyer firm, we know the value of planning for what happens to your financial assets. But we also know that there is something even more valuable to pass on to your loved ones than money – your stories, lessons, insights, and values. While we might not be able to pause time, there are things we can do to preserve the precious memories and lessons of the people we love.

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Create a Stronger Blended Family Through Estate Planning

Today, blended families are becoming just as common as non-blended families. Currently, 52% of married couples have a step-kin relationship of some kind, and 4 in 10 new marriages involve remarriage. But that does not obviate the need for cultivation of strong bonds and life-long relationships between the two families that join into one. And historically, in times when life expectancies were much lower, the joining of two parents, who each have children of their own, is nothing new.

If you’re part of a blended family, you’ve probably recognized the extra layer of complexity that comes with planning for your family’s needs and accommodating the many relationships that exist between step-parents, step-kids, and step-siblings. Topics that might be straightforward for another  family - such as where to spend the holidays or who gets the old family car  - are more complex. 

Feelings tend to be more sensitive, as the person in a “step” role may feel self-conscious about their place as the “outsider” with part of the family, whereas on the other hand, one parent’s children may feel put out by the addition of a new step-parent, step-sibling, or half-sibling when their mother or father remarries.

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Want to Grow Wealth? Warren Buffet's Unexpected Investment Advice

If you are going to take investment and estate planning advice from anyone, Warren Buffett is likely one you want to consider. As one of the most successful investors in history, his track record speaks for itself. However, his wisdom goes beyond picking stocks and making money. 

At this year’s Berkshire Hathaway annual shareholder meeting, Buffett shared several pieces of financial advice but also provided insights on the importance of personal growth and estate planning when seeking to grow wealth.  While many of us may feel overwhelmed by the thought of estate planning or building our wealth, Buffett's advice reminds us of two key but simple steps we can take to create financial and generational wealth.

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