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Promissory Note and Nursing Home Resident’s Daughter Corona Estate Planning Attorney Joseph Hudack knows that a Kentucky appeals court holds that a promissory note executed by a nursing home resident’s daughter, agreeing to pay the nursing home for the resident’s outstanding expenses, is not illegal because there was no evidence…

Lawsuit Charges Corona Estate Planning Attorney Joseph Hudack knows that plaintiffs in a class-action lawsuit against the Social Security Administration (SSA) might describe it as an open-and-shut case. When the SSA closed its field offices at the onset of the COVID-19 pandemic, it remained open for the purposes of denying…

Special Assessments and HOA Fees Corona Estate Planning Attorney Joseph Hudack knows that members of the homeowners’ community are required to pay assessment fees every month. This doesn’t mean that they will just pay whatever the HOA decides to charge them. Homeowners have every right to question an increase in…

Medicaid Estate Planning Long-term care involves not only a loss of personal autonomy; it also comes at a tremendous financial price. Proper planning can help your family prepare for the financial toll and protect assets for future generations. Long-term care can be very expensive, especially around-the-clock nursing home care. Most…

Medicaid Planning Strategies While it is preferable to conduct long-term care planning well in advance of needing care, if you haven’t planned ahead, there are some strategies available to avoid spending all your assets. Three so-called “half a loaf” approaches allow a Medicaid/Medi-Cal applicant to give away some assets while…

HOA HOA Rules and Regulations – When you purchase a home that’s in a community association, you automatically become a member of the association. You will then become responsible for following all its rules and regulations. The purpose of having community rules and standards is to protect your investment as…

Corona Estate Planning Attorney Joseph Hudack knows that the Social Security trustees are projecting that due to the economic downturn caused by the pandemic, the Social Security trust fund will be depleted in 2033 — one year earlier than the previous estimates. Social Security and Medicare – Once the fund…

Armed with a New Report, White House Pushes Congress to Reduce Prescription Drug Costs Corona Estate Planning Attorney Joseph Hudack – The Biden administration is calling on Congress to pass proposals to lower prescription drug prices, including allowing Medicare to negotiate with drug companies and capping out-of-pocket spending by Medicare…

It’s Medicare Open Enrollment Time Corona Estate Planning Attorney Joseph Hudack says that every year Medicare gives beneficiaries a window of opportunity to shop around and determine if their current Medicare plan is still the best one for them. During Medicare’s Open Enrollment Period, which runs from October 15 to…

Online Survey Helps Older Adults Assess Corona Estate Planning Attorney Joseph Hudack knows that all older Americans are vulnerable to financial abuse, but there are certain circumstances that make someone more likely to be scammed. An online survey can help older adults (or their caregivers) assess their risk of being…

IRS Announces Corona Estate Planning Attorney Joseph Hudack – The IRS has announced that the tax deduction for medical expenses includes amounts spent on face masks, sanitizer, and other products purchased to prevent the spread of the coronavirus. If you have significant medical expenses, you may be able to deduct…

Social Security Benefits Corona Estate Planning Attorney Joseph Hudack says that studies have found that workers overestimate how much they will receive in Social Security benefits when they retire. Having a good understanding of the realities can help you plan for retirement. Researchers from the University of Michigan studied the…

Britney Spears Case Puts Renewed Focus on Guardianships Britney Spears’s legal fight to wrest back control over her personal and financial affairs has flooded the issue of guardianship in Klieg lights. Corona Estate Planning Attorney Joseph Hudack says that while full guardianship may be necessary for many individuals who are…

Saying Medicaid Estate Recovery Keeps Families in Poverty, Advocacy Groups Call for Abolishing It Corona Estate Planning Attorney Joseph Hudack knows that to qualify for Medicaid coverage of long-term care, you must satisfy very complicated financial eligibility rules—rules that often can be trapped for the unwary. One of the most…

COVID-19 Relief Bill Corona Estate Planning Attorney Joseph Hudack knows that President Biden has signed the latest COVID-19 relief bill, which in addition to authorizing stimulus checks, funding vaccine distribution, and extending unemployment benefits, also provides assistance to seniors in a number of ways. The $1.9 trillion American Rescue Plan…

Medicaid and Settlements Corona Estate Planning Attorney Joseph Hudack knows that the U.S. Supreme Court has agreed to hear a case disputing how much states can recoup from Medicaid recipients’ settlements in personal injury cases. The decision has the potential to affect anyone who receives government assistance with their medical…

Medicaid Waivers Can Help You Avoid a Nursing Home, But the Line May Be Long Corona Estate Planning Attorney Joseph Hudack knows that Medicaid long-term care benefits traditionally pay mainly for nursing home care, but the federal government can grant “Medicaid Waivers” to states allowing them to expand Medicaid to…

How Qualifying for Both Medicare and Medicaid Can Help With Costs Qualifying for Medicare hardly means free health care — there are still premiums and deductibles. However, people who qualify for both Medicare and Medicaid (called “dual eligibility”) receive help paying their out-of-pocket costs. Medicare is a federal program available…

Thousands of Elderly and Disabled SSI Recipients Accused of Owning Property That Isn’t Theirs Elderly and Disabled SSI Recipients – In December 2018, the Social Security Administration (SSA) had a nasty surprise for Laura Marshall (not her real name), a 74-year-old woman just scraping by while living in senior citizen…

Reverse Mortgage The federal government has expanded access to protections for spouses of reverse mortgage holders who are not named in the loan document, allowing more such spouses the ability to stay in their home if the borrowing spouse dies or moves to a care facility. A reverse mortgage allows…

What is Trust Administration? Trust administration is defined as the trustees’ management of trust property according to the trust document’s requests and for the benefit of the beneficiaries after the settlor’s death. Many steps are required to provide an effective administration. It’s recommended to work with an attorney to help…

California Senate Bills 9 and 10 California Senate Bills – Both SB 9 and SB 10 have detrimental consequences for homeowner associations. SB 9 would allow two homes on every lot zoned for single-family homes. In addition, it will require local jurisdictions to approve duplexes or lot splits administratively. When…

Estate Planning and Elder Law Attorneys Although Elder Law strategies often involve abuse, taxes, and estate planning, the two practices are distinctly different. If you need a nursing facility or long-term home care, your needs will best be met by an Elder Law attorney. One other critical consideration is an…

Before You Buy Is the HOA In Good Financial Shape? An HOA that is well run charges dues that sufficiently cover shared spaces and maintaining amenities, including saving up for future maintenance and issues (a reserve). We encourage potential buyers to review the association’s reserve accounts and financial statements. A…

Elder Law Attorney to Protect What You Have Worked For All Your Life and for Medicaid / Medi-Cal Elder Law Medicaid – Medicaid (Medi-Cal in California) has complex regulations and rules that most people find practically impossible to navigate and understand. Unless the attorney is an Elder Law practitioner, even…

Before Buying, Discover Do Members of the HOA Get Along? No one wants to be fighting with their neighbors, but disagreements can get particularly nasty in a neighborhood governed by an HOA. After all, it’s not just a she-said, he-said situation, but there are actual rules and regulations homeowners must…

A Will Or A Trust? A Will Or A Trust – If you’ve created a trust, you’ve taken control of your estate plan and your assets. Trust assets are not subject to the probate process and one of the most important benefits of trusts is that they are private. Although…

Will My Estate Go Through Probate? If you die with a valid will, your assets will still go through the probate process. However, after creditors have been satisfied, the remaining assets go to whom you’ve identified in your will. If you want to leave money to your children and name…

No Will or Trust Will or Trust – If you should die intestate, your estate will go through probate and all the world will know what you owned, what you owed, and who got what. Your mortgage company, car loan company, and credit card companies will all seek payment on…

Farmers and Ranchers Farmers and ranchers have complex estate planning needs. They may have children who want to continue the farming or ranching business and children who do not. They will be forced to decide who inherits the land, the equipment, the livestock, and other assets, all the while trying…

Joint Ownership Many people, including farmers, ranchers, and others, believe that the easiest way to plan their estates and avoid probate is to own property in joint names with family members. However, farmland or ranch property that is jointly owned and enrolled in programs administered by the U.S. Department of…

Asset protection has become a common goal of estate planning. Asset protection trusts come in many different forms and can be used to protect property for your use and benefit as well as for the use and benefit of your family. What is An Asset Protection Trust? An asset protection…

Liquidity Needs Liquidity Needs – Incapacity and death are expensive and often require cash to pay expenses. But, farmland, farming equipment, personal residences, automobiles, and other personal effects are illiquid. Without properly planning for immediate and long-term cash needs, families will be forced to quickly sell land and equipment for…

Asset Protection Trust Your Way Asset protection trust designed for inheritance protection can be as rigid or as flexible as you choose. For example, a beneficiary can be added as a co-trustee at a certain age or after the beneficiary reaches a specific goal such as graduating from college. Another…

Is Joint Ownership For You? WORD OF CAUTION: Don’t think you’re protected just because your assets are held jointly with your spouse, child, or family member. Here are three reasons why you shouldn’t rely on joint ownership: Limited Power: While a joint account holder may be able to access your…

Documents You Need to Find After a Loved One Dies After a loved one dies, you need to gather the important documents that are necessary to settle their final affairs. While the documents required will vary depending on what your loved one owned and owed, below is a list of…

WHAT NOW? Since You Bought a New Home Now Is the Perfect Time to Review Your Existing Estate Plan. This is an excellent opportunity to make sure that the individuals you have appointed in the crucial roles of guardian, executor, agent, or trustee can still carry out those duties when…

A Good Trustee Who Makes a Good Trustee? Not surprisingly, when choosing a trustee, the most critical characteristic is that they are great with finances and very trustworthy. Specifically, the trustee must manage the funds in accordance with your intent and instructions that are left in your trust. Consider whether…

What Are the Duties of an Executor? The duties of an executor, sometimes called a personal representative, is the person who is named in a will or appointed by the court and is responsible for probating the will and settling the estate. Depending on the state, an executor may work…

Estate Planning Having an intentional financial strategy for incorporating your new grandchild’s future in your overall estate planning for grandchildren is an essential part of addressing your growing family’s needs. Not having an estate plan can have unintended results for your surviving family members. This is because intestacy — or…

How to Execute the Proper Estate Planning Documents? Execute the Proper Estate Planning Documents: A properly executed Will or Trust will allow you to state how you would like your assets to be transferred — and who will receive these assets — at your death. A Will or a Trust…

How to Transfer Frequent Flyer Miles After Death Transfer Frequent Flyer Miles After Death: The main takeaway is that although airline policies may say they don’t allow miles transfers after death, employees often have the discretion to approve them. Still, there’s no sure way to know whether your airline will…

Long Term Care Where Do You Start? Number one for your Long Term Care, you should develop a picture of how you want to be cared for once you need assistance. This includes renovations to your home so you can remain there as long as possible or determine whom you…

What is an LLC Operating Agreement? An LLC Operating Agreement is the document where a Limited Liability Company memorializes its rules and structure. It’s perhaps the most crucial document an LLC creates, as it creates the unique roles and framework of a business. Every LLC should have one. Although many…

Forming an LLC Creating a Limited Liability Company (LLC) is a much easier process than creating a corporation and usually requires less preparation and paperwork. LLCs are under the authority of the state law. So the process of forming an LLC will depend on the state in which it is…

Accessing an Elderly Parent’s Bank Account With Siblings Money’s the most significant reason adult siblings will fight over their Elderly Parent’s Bank Account. Joint bank accounts can undoubtedly lead to disagreements. If one of the siblings is a primary caregiver or might help their aging parents manage the finances and…

The HOA Law The HOA Law: HOA conflicts are so common, and the cases have gotten so costly and entangled that there are precisely hundreds of laws in each state meant to cover the rights of both the HOAs and the individuals. Sadly, this is where the interpretation of the…

Elder Law Attorneys can make sure that older persons or seasoned individuals receive whatever help or care they may need in ways that best make way for family.

Homeowners Association A homeowners association is put into place by the community developer before the initial sale of the homes. The Covenants, Conditions, and Restrictions (CC&Rs), also called the Declaration, is recorded in public records and sets forth the detailed rules of what might be called membership or property ownership…

What is a Homeowners Association Law? Homeowners Association Law is relative to the enforcement and creation of organizations and their rules that manage community associations related to maintaining the association’s value and appearance. Most homeowners associations and condominiums consist of a typical association of members selected and voted for on…

What is Probate? Probate Explained: Here is the best description we find of what probate is according to Wikipedia, “Probate is the judicial process whereby a will is ‘proved’ in a court of law and accepted as a valid public document that is the true last testament of the deceased,…

What Skills Will You Need? The Executor to Settle an Estate – The best trustees and executors are patient, kind, careful, considerate, unquestionably honest, organized, and a desire to do a good job. Executors must get along with people, especially the other beneficiaries, and need a reasonable amount of time…

Elder Law Planning Who Might This Help? An elder law attorney might qualify people for Medi-Cal long-term nursing home care in these types of situations: An 85-year-old mother diagnosed with dementia and is in the hospital currently owns a home worth $600,000 and has $8,000 in savings. Immediately meeting with…

PROP 19 CHANGES Prop 19 Changes Certain Property Tax Rules – California voters gave the state’s 1978 law to limit property taxes a makeover on November 3, 2020, passing a measure that gives exemptions to the disabled, older homeowners, and wildfire victims. However, it takes away property tax breaks from…

GRAT A grantor retained annuity trust (GRAT) is an efficient way for a donor to transfer asset appreciation to beneficiaries without using or using a minimal amount, of the donor’s gift tax exemption. After the donor transfers property to the GRAT and until the expiration of the initial term, the…

ILIT An existing insurance policy can be transferred into an irrevocable life insurance trust (ILIT), or the trustee of the ILIT can purchase an insurance policy in the name of the trust. The donor can make gifts to the ILIT that qualify for the annual gift tax exclusion, and the…

USING SPOUSAL LIFETIME ACCESS TRUSTS (SLAT) TO PROTECT YOUR ESTATE TAX EXEMPTION With the threat of a lowered estate and gift tax exemption amount, a spousal lifetime access trust (SLAT) allows donors to lock in the current, historic high exemption amounts to avoid adverse estate tax consequences at death. The…

Installment Sale Installment Sale to an Irrevocable Trust – This strategy is similar to the intrafamily sale. However, the income-producing assets are sold to an existing irrevocable trust instead of directly to a family member. In addition to selling the assets, the donor also seeds the irrevocable trust with assets…

Swap Power Swap Power for Basis Management – Assets such as property or accounts gifted or transferred to an irrevocable trust do not receive a step-up in income tax basis at the donor’s death. Gifted assets instead retain the donor’s carryover basis, potentially resulting in significant capital gains realization upon…

Notes and Sales Intrafamily Notes and Sales – In response to the COVID-19 crisis, the Federal Reserve lowered the federal interest rates to stimulate the economy. Accordingly, donors should consider loaning funds or selling one or more income-producing assets, such as an interest in a family business or a rental…

Strategies to Consider in an Election Year Wealth Transfer Strategies to Consider in an Election Year – With a push by the Democratic party to return federal estate taxes to their historic norms, taxpayers need to act now before Congress passes legislation that could adversely impact their estates. Currently, the…

Probate 101 Understanding Probate 101 – Most individuals aren’t sure what the term “Probate” actually means. They think of it only as a lengthy, costly, and drawn-out legal formality that takes place to handle a deceased person’s stuff. Technically, what Probate means is to prove the Will in a Probate…

Estate Planning in 2020 The Tax Cuts and Jobs Act, called The Act signed into law in 2017, provides excellent estate planning opportunities. The lifetime exemption amount for the gift, estate, and generation-skipping transfer taxes increased from $11.4 million to $11.58 million on January 1, 2020. The annual gift tax…

Transferring Assets Transferring Assets to the Next Generation – With the current estate tax exemption at $15.8 million per person, you might be asking, do I transfer the property now or wait? It is generally advised to make gifts of assets with a high tax basis and retain assets that…

Bill Ab3182 Would Restrict Homeowners in an HOA to Vote to Prohibit or Limit Rentals. This Bill Ab3182 Has Passed in the House and the Senate. It is Waiting on Governor Newsom’s Approval. Assemblyman from San Francisco, Phil Ting, authored the Bill. In his original proposal was a heinous bill,…

Divorce Unfortunately, divorce is a topic that may come up during your estate planning and your lifetime. No one wants to think about divorce when getting married, and especially don’t want to think about dying after being married? It’s a community property state in California, but the law is relatively…

Please Read Below From the California Department of Real Estate Beware. This is Another COVID 19 Scam – FRAUD WARNINGS FOR CALIFORNIA HOMEOWNERS IN FINANCIAL DISTRESS As homeowners begin to feel the financial impacts from the efforts to stop the spread of the coronavirus (COVID-19), loan modification and foreclosure rescue…

A Contract Hiring an Independent Home Improvement Contractor Unfortunately, this is a phone call we receive far too often where a homeowner is in a situation seeking legal help against an independent home improvement contractor left with unfinished work, poor quality, overcharged, etc. A contract or written agreement could have…

What Happens if You Can’t Pay Rent During This Covid-19 Pandemic? California Eviction Due to COVID-19 and Tenant Protection – There are always reasonable general solutions to follow. Federal, state, and local governments have also enacted a blast of COVID-19 emergency relief acts for tenant protections. Most simply delay the…

Charitable Giving Into Your Estate Plan If you’ve begun the estate planning process, you might have thought about what you want your legacy to be once you’ve passed away. For many of us, this means setting and achieving philanthropic goals during our lifetime and for the many years to come.…

Estate Planning For Your Pet Have you wondered what might happen to your loving little family member who walks on four legs, has feathers or scales, and loves you unconditionally after you pass away? The best legal option when considering your pet and estate planning is to make a pet…

Reversing or Repealing An HOA Rule – Because members do not “vote” on rule changes, there is no mechanism to stop a rule change before it takes effect. However, the law allows members to reverse a recent rule change. As long as members act promptly – within 30 days of…

A Real Estate Contract Contracts are used to close different kinds of real estate transactions and each agreement will vary accordingly. There are a few essential components to a real estate contract that you might want to become familiar with. If you understand the materials needed, you can then help…

US Citizens Get a Big Tax Break That Non-citizens Do Not Get. Have a Non-US Citizen Spouse – If both partners of a married couple are US Citizens, then the first spouse to die can leave any amount of money to the survivor, and this is entirely free of the…

Changes to the HOA Election Process HOA Election Process – Senate Bill 323 introduces significant changes to the election process for residential common interest developments (HOAs). The critical changes include qualifications that must be placed on all the candidates seeking election for the HOA Board. This new legislation imposes one…

Senate Bill 652 Adds a new Civil Code Section 4706 to the Davis-Stirling Act and prohibits HOAs from banning religious items on entry doors or door frames, as long as the items do not exceed certain dimensions, does not interfere with the door function, and is not obscene or threatening…

The following should be an “18th Birthday Present” to the parents and their kids, so they are secure. Every Young Adult Needs This Now – In most states, parents are without the authority of making health care decisions or managing money for their kids as soon as they turn 18.…

New HOA Law New HOA Law – Gov. Gavin Newsom signed many bills into law affecting California HOAs in 2020. Here’s what associations need to know, and below, you’ll find one of them. Assembly Bill 5 is a significant new law that changes the legal definition of an employee. The…

A Simple Will Can Do A simple will can accomplish a lot of your estate planning goals. It can leave all property to someone often your spouse or partner or if you’re single to your children or relatives, friends, or charities. A simple will can say what to do if…

What’s the Right Age to Start Looking for an Elder Law Attorney? Elder law clients tend to come in one of three forms. The first type is the client that’s in their late forties or early fifties when it’s much too soon for them to have an immediate concern about…

What is Probate of a Will? Probate of Will – Countries whose legal systems evolved from the British common law system, such as the United States, typically use the probate system for distributing property at death. Probate is a process where the decedent’s Will, if any, is entered in court.…

Avoiding Probate Mediation and Avoiding Probate – Due to the time and expenses associated with the traditional probate process, estate planners frequently counsel clients to enact probate avoidance strategies. Some prevalent probate-avoidance plans include Revocable Living Trusts, Joint Ownership of Assets, and making lifetime gifts. If a Revocable Living Trust…

A Simple Will Can Do A simple will can accomplish a lot of your estate planning goals. It can leave all property to someone often your spouse or partner or if you’re single to your children or to relatives, friends, or charities. A simple will can say what to do…

What is a Transfer on Death Deeds? Transfer on Death Deeds is the least expensive way to transfer real property without having to go through the headache of probate or creating a revocable living trust. Beginning January 2016 and lasting until January 2021, revocable transfer on death deeds are currently…

Here is a situation I experienced with one of my new clients seeking help with an older trust… Does this look like yours? If I remember correctly, you indicated that your Estate Plan was made 15 years ago. If you have not made any changes to those documents since then,…

One of the Most Common Questions That We Get Asked is if There’s a Way to Protect the Home? How do I protect my house? Can I protect my home from a nursing home stay or keep it away from Medicaid so that if I have to go to a…

Online Estate Plans Is Online Estate Plans a Good Idea? A question that I’m asked a lot is regarding website solutions and whether or not you truly need an attorney to draft your estate plan. In my opinion, 100 percent, you need an attorney to draft your estate plan. I…

Care Instructions Including Living Wills Now More Than Ever Review Your Health – Although this is undoubtedly a truly sensitive subject, it must be addressed. All of us should review healthcare-related documents, including a living will, DNR, healthcare directive, and HIPAA release immediately. You need to have signed current documents…

Living Trust Primary Purpose of a Living Trust – Assets titled in the name of the trust avoid probate and provide privacy from the public in regards to your assets. In addition, a named trustee may serve to avoid having a guardian or conservator appointed for you by the state…

Do You Want to Pay Estate Taxes? No? Using of Trusts for Estate Tax Savings – Well, if you haven’t planned, you might be paying them anyway. When you made your Will, did you leave any money to the government? No way, right? You might be wrong about that. Most…

HOA Board All too often, boards spend large amounts of time focused on relatively unimportant matters, so as a result, weightier matters get ignored. It can be easy to get caught arguing about an endless number of minor issues and lose sight of their responsibilities. They might skimp on items…

AB5 A new and controversial law governing “gig work” (a fancy term for independent contractors) in California went into effect on January 1, 2020. Several groups, including freelance writers and Uber drivers, are fighting the regulation that was signed in September 2019 by Governor Gavin Newsom. The law is popularly…

Homeowner Association Serving on your homeowner association (HOA) board can be a thankless, challenging, and lonely job. It might seem like no one wanted it, and somehow I got stuck with it kind of a position. Usually, the job description comes with late-night maintenance phone calls, long-winded alcohol-induced suggestions, and…

Guardianship in Estate Planning Our clients typically wonder what’s going to happen to their children if either or both parents pass away. Now what? The term “Guardianship” is used to appoint or name an individual(s) to take care of your minor children if either parent or both, have passed away…

What is a Contract or Agreement? A contract is an agreement that is binding and legally enforceable when adequately formed. This kind of arrangement is the most frequently used for legal dealings. It happens in nearly every case where something is sold or purchased. Some examples include contracts for the…

Health Information Rights The Health Insurance Portability and Accountability Act of 1996, HIPAA privacy rule provides you with health information privacy rights. Your health information rights include the right to access your health information, an accounting of disclosures of your health information, and to correct or amend your health information…

Ask Yourself These Benefit and Restriction Questions Before Moving Into an HOA This HOA Benefit and Restriction Questions list will allow you to do questioning as needed more quickly. HOA Benefits: What services will I receive in return for my monthly HOA assessment? How are our streets kept free of…

Understand That Hoas May Vary Significantly in the Services They Provide Considering an HOA Before Purchasing a New Home – The original developer initially establishes the scope of the association by setting out the services and expenses in the association’s budget; the declaration offers how the association can enforce the…

Having a Will Is Necessary A new survey finds that the majority believe having a will is necessary while less than half the population possess an estate plan. People are understandably conflicted when it comes to the end of life estate planning. We are forced to confront our mortality and…

Life Insurance Trust If done accurately, you can let your life insurance be in a life insurance trust. Once that life insurance trust is in existence, that life insurance, if you die, is payable to the trust beneficiaries, which may be the same people you were going to leave that…

Medicaid Asset Protection Trusts Medicaid Asset Protection Trust (MAPT) is probably the most effective tool for protecting the home, but did you know the Medicaid Trust can protect more than just the house? Medicaid Trusts can also hold cash assets, and as long as they’re in the trust for five…

Elder Law Attorney Attorneys without the right training can negatively impact you in ways that are very difficult to repair. So what should I look for in selecting just the right elder law attorney? First of all, be sure that this is an area of practice the attorney specializes in…

What’re the Differences? There is a difference between a power of attorney and a durable power of attorney, or DPA. The “durable” occurs when the POA is not affected by your subsequent incapacity, and to be durable, it must be explicitly stated as such. That’s what the durable part means,…

What Are the Definitions of Elder Abuse According to the Centers for Disease Control and Prevention, elder abuse is an intentional act or failure to act, by a caregiver or another person in a relationship involving an expectation of trust that causes or creates a risk of harm to an…

What Does A Homeowners Association Management Company Do? If you live in a homeowners association, you have probably learned about or maybe even received a non-compliance notice from the association management company. If you have reported common area maintenance problems, this will end up handled by the management company. This…

Will & Estate Planning Every state has statutes and laws to create a Will if someone passes away without creating a Will themselves. Those laws are called intestacy laws, and you can be said to have died “intestate” if you have no Will. There are misconceptions about what happens if…

  On October 12, 2019, Governor Gavin Newsom signed into law, California Senate Bill No. 323, which was sponsored by State Senator Robert Wieckowski. This Bill made many changes to the Davis-Stirling Common Interest Development Act (Davis-Stirling Act). The following is a summary of the changes. This summary is not…

Depression It is easy to succumb to the dark clutches of depression at any stage of life. Life is full of surprises and twists, and not all of them have a positive effect on the psyche. However, once a senior is in the grasp of depression, it is often difficult…

Consider This Story Protecting Your Children’s Inheritance When You Are Divorced – Beth’s divorce from her husband was recently finalized. Her most valuable assets are her retirement plan at work and her life insurance policy. She updated the beneficiary designations on both to be her two minor children. She did…

How Many Plans Do I Need? Most folks have at least heard of estate planning. But fewer realize that a simple will is not enough to prepare for your future. In fact, a combination of plans – financial, tax, legacy, and estate – are vital to your financial well-being and…

Declare Your Family’s Independence While the rest of the nation celebrates its independence on July 4th, you can rest assured that you too can declare independence for your family — independence from court interference. Life can be unpredictable. Whether it is a financial issue, the birth or adoption of a…

How to Leave Your Life Insurance and Retirement? Life Insurance and Retirement – Your children are your pride and joy. It is no surprise that at some point or another, every parent likely becomes concerned about who will care for a minor child or children if one or both parents…

Estate Plan for Your Family Business Owning your own business can be a great endeavor that takes a lot of passion and drive. Many small business owners focus on the day-to-day management and growth of the business, rather than thinking about a time when he or she may not be…

Are Your Documents Following the Same Script? Basics of Beneficiary Forms and Estate Planning – In the event of your untimely death, how your beneficiaries — or those people who receive your assets from your estate — are determined is highly dependent on how your property is titled. Generally, property…

Not Married? You’re Not Alone – but You Still Need a Plan. Approximately half of America’s population over the age of 16 is unmarried. While much of the discussion involving estate planning focuses on married couples, this topic is just as important for a single person. Many times it is…

Mistakes Baby Boomers are Making in Droves Baby boomers – the first generation tasked with the responsibility of planning for and funding their golden years. This generation, which includes those born between 1946 and 1964, has entered and continues to enter into retirement. As they make this financial transition into…

Estate Planning Helps A dream without a plan is simply a wish. Estate planning is not just about death and taxes — it puts you in the driver’s seat of your financial life, allowing you to set achievable goals. It is a great opportunity to focus on the legacy you…

Early Inheritance If you’re thinking about giving your children their inheritance early, you’re not alone. Studies suggest that these days, nearly two-thirds of people over the age of 50 would rather pass their assets to the children early than make them wait until the will is read. It can be…

The Tax-Free Way Each year on January 1st, everyone receives what can be thought of as yearly coupons for tax-free gifts. There Are Several Different Ways That You Can Redeem Those Coupons: Annual exclusion gifts. These gifts are transfers of money or property that do not exceed the annual gift…

Why You Should Think About It When Estate Planning Debt After Death – If you carry debt, do not assume that your death or incapacity will make it automatically disappear. On the contrary, the money you owe may eat away at the assets you were planning to leave to your…

How Your Health Savings Account (HSA) Works with Your Estate Plan? If you’re enrolled in a qualified high-deductible health plan (HDHP), you must consider how your health savings account (HSA) fits into your estate plan—especially to make sure that any hard-earned money left in your HSA when you die goes…

Tax and Estate Planning Season Tax prep activity is the perfect opportunity to get your estate plan in order and kill two birds with the proverbial stone “Tax and Estate Planning Season”. Why? Because as you run down your list of “tax prep” questions, you will find that your answers…

My Estate Plan and My Vacation Property Does My Estate Plan Need to Include My Vacation Property? Yes! If you own a vacation home, timeshare, investment property, or any other asset outside of the state where you are domiciled you must make sure it’s included in your estate plan. If…

Estate Planning Letter of Intent Estate planning is an important task that everyone should undertake as it helps to protect your family and your loved one’s financial future. But estate planning can do much more than focus on finances, it can also provide for the care of those you leave…

Estate Planning for Parents If you find yourself in the “sandwich generation” (someone who is caring for both your children as well as your parents simultaneously), you need to know whether or not your parents have put together an estate plan. While it is still your parent’s choice to make…

Estate Plan Changes Many people who put together an estate plan do so when they start a family – assuming they put an estate plan together at all during their lifetime. Estate Plan Changes – while putting an estate plan together is a good thing to do, many people make…

Your HOA Meeting Minutes Serving as the official minute-taker may not be the most glamorous job in the HOA, but it’s one of the most important. The HOA meeting minutes are an official and legal record of the meeting—a written report of the discussion and decisions made so everyone knows…

Negotiate the Listing Agreement The Savvy Seller – The listing agreement is a standard document in the real estate industry. It establishes and defines the relationship between the broker and the seller, and is arguably one of the most important documents for the seller to understand. It’s also one of…

The End-of-Life Conversation No one wants to start the end-of-life conversation. And yet, it’s a critical time in everyone’s life and one for which we know we need to prepare. While many people have the desire to share their wishes, something is preventing people from openly communicating with their families.…

Your Student Loan Debt There are two issues many people prefer to avoid thinking about: death and debt. Unfortunately, both of these seem to be inevitable. Your student loan debt is a part of life nowadays, particularly for students obtaining advanced or professional degrees. As of 2017, the total national…

Using Social Media for HOA Meetings Social media to encourage HOA participation in meetings can be a powerful tool for connecting with community members and sharing information they need to know. People who cannot attend HOA meetings because of scheduling conflicts may be more willing to like a photo or…

Your Beloved Collection Whether your beloved collection consists of artwork, books, cards, music, or other significant items, you should not forget about this valuable asset when estate planning. You have likely spent quite some time — whether years or your entire life — building your collection; you should not leave…

Joint Tenancy Should Not Be the Go-To Plan for Newlyweds If you are recently married or have been married and are acquiring additional assets, know that you have options when it comes to how the property will be titled. And, although joint tenancy seems like an easy and convenient choice,…

Create Your Estate Planning Documents Cheaply? There are many software programs, as well as websites, that sell do-it-yourself estate planning documents. These websites and form tools seem to offer a convenient and cost-effective alternative to consulting with an estate planning attorney. But do they meet your needs and protect your…

Landlord-Tenant Disputes Landlord-tenant disputes are more common than many people realize—even when there is a carefully drafted lease or rental agreement. They may disagree about everything from privacy rights to access to the property to pet policies and late payments. Finding a solution that benefits both parties can be a…

Negotiating Common Area Fee A common area maintenance (CAM) fee is a standard feature on commercial real estate leases. This fee covers the cost of maintaining the parts of the building shared by all the tenants. Common areas typically include restrooms, lobbies, stairwells, elevators, and parking lots. You want these…

Why Do You Need to Think Before You Sign? Beneficiary Designations and a Blended Family: Whether you are in your first marriage or have remarried after a divorce, blended families are a common part of modern society. That being said, it is important to understand that blended families and subsequent…

Are Your Documents Following the Same Script? Basics of Beneficiary Forms and Estate Planning – In the event of your untimely death, how your beneficiaries — or those people who receive your assets from your estate — are determined is highly dependent on how your property is titled. Generally, property…

POD Accounts payable-on-death accounts also called POD accounts, is a common way to keep bank and investment accounts out of probate, the court-supervised process that oversees distributing a deceased person’s property. Most people want to avoid their estate going through probate because their heirs will receive the inheritance faster, privately,…

Successfully Receiving an Inheritance If you are receiving an inheritance, or are expecting to receive one shortly, it has likely triggered mixed emotions in you. You have lost a loved one and also experienced monetary gain. Studies show that a third of Americans who received an inheritance completely spent it…

How Proactive, Comprehensive Estate Planning Can Help Do You Own Rental Property? A comprehensive estate plan should address all of your assets. For most people, an estate plan must include three common categories: (1) your home; (2) financial accounts, like your checking and savings account; and (3) personal property. Other…

You Must Do Once Your Divorce Is Final The divorce process can be long and expensive. However, the work does not end once the divorce decree is signed. To ensure that your assets and estate planning wishes are carried out in light of this major life change, there are three…

Annual HOA Meeting The annual HOA meeting is the most important meeting of the year, an opportunity for members to vote on items like the budget and board members and discuss issues that improve the community. Yet, getting people to show up for the annual meeting sometimes feels like an…

Your Business Partnership Deserves More An adage tells us that two heads are better than one. Teaming up with someone who shares your vision and complements your strengths is a powerful tool for success in business. Steve Wozniak knew how to build a computer. Steve Jobs knew how to sell…

Contact Us Hudack Law Estate Planning Attorney California 1250 Corona Pointe Court, Suite 402 Corona, CA 92879 Serving the Inland Empire, Orange, and San Diego Counties. Hudack Law Estate Planning Attorney Arizona 20715 North Pima Road, Suite 108 Scottsdale, AZ 85255 We’re Here to Help Contact Hudack Law today at…

Contact Us Hudack Law Estate Planning Attorney California 1250 Corona Pointe Court, Suite 402 Corona, CA 92879 Serving the Inland Empire, Orange, and San Diego Counties. Hudack Law Estate Planning Attorney Arizona 20715 North Pima Road, Suite 108 Scottsdale, AZ 85255 We’re Here to Help Contact Hudack Law today at…

Still a Good Idea? Twenty years ago, the Roth IRA first became available to investors as a financial tool for their estate planning needs. These accounts have maintained their popularity because unlike their traditional IRA counterpart, a Roth IRA provides account owners tax-free income during retirement. Many people chose to…

Threats to Successful Estate Planning Poor estate planning is a recipe for disaster. Look no further than Dickens’ Bleak House—or a telenovela—to witness the tragedy and melodrama inadequate estate planning can cause. While having successful estate planning documents prepared is the first hurdle to overcoming these types of disasters, several…

Spendthrift Trust for Your Heirs Many tools can be used when putting together your estate plan. One such tool is trust. A trust is a fiduciary arrangement, established by a grantor or trust maker, which gives a third party (known as a trustee) the authority to manage assets on behalf…

Digital Assets in Your Estate Plan When you put together your estate plan, your mind was on insurance policies, real estate, and family heirlooms. You carefully thought through who to name as a guardian for your children and beneficiary of your estate. These are all important aspects of estate planning,…

Compliance with HOA Rules Living in a community with a homeowners association (HOA) can sometimes be a challenge. There are more than enough stories from homeowners detailing strict fines and difficulty dealing with board members. There are just as many stories from board members about homeowners who don’t follow the…

Update Your Estate Plan Once you’ve established an estate plan, it’s easy to put it away in a file cabinet or lockbox where you never have to think about it again. After all, the only people who care about what’s in the documents are your heirs. Yet, that’s precisely why…

Negotiate Your Commercial Lease Finding the right location for your business is an important factor in its success. It’s just as important to get lease terms that work in your favor. Your commercial lease is usually drafted by real estate professionals looking out for the interests of the landlord. These…

Give Back The holiday season is a time to reflect, celebrate, and give back. It’s an opportunity to show appreciation for the people in your life and share with them your blessings—usually in the form of gifts stacked under the tree. Listening to squeals of delight as your loved ones…

Take a Look at Your Estate Plan As the holiday season approaches, you may spend a lot of time preparing for the special events and annual traditions. It takes work, but it’s worth it when you see your loved ones smile and can reflect on a job well done. As…

Rewarding Your Employees Corona business and estate planning attorney Joseph Hudack knows that deciding to retire from your business can a tough decision. To ensure that what you have built continues, there needs to be a plan for succession. For some people, they have spent years grooming a child or…

Retirement for Business Owners Corona business and estate planning attorney Joseph Hudack knows that for many employees, saving for retirement is usually a matter of simply participating in their employer’s 401(k) plan and perhaps opening an IRA for some extra savings. But, when you’re the owner of a business, planning…

Bequeath Your Frequent Flyer Miles Corona estate planning attorney Joseph Hudack gets ask regularly about what happens to accumulated miles once you’re gone. They could be worth thousands of dollars, so you probably don’t want them to just disappear, but some airline policies say that’s exactly what will happen. The…

A “Good” HOA Meeting Corona real estate, HOA, and estate planning attorney Joseph Hudack knows that no one ever told a neighbor “I’m so excited about the HOA meeting!”. Having a complete agreement on any topic is difficult, however, if we took a poll, we would get close on whether…

Post-Honeymoon Legal Checklist Corona Estate Planning Attorney Joseph Hudack loves to assist newlyweds. Your dream wedding is over, and the day was perfect. You went away on your honeymoon with your new spouse and had the time of your lives. Now you are back and can breathe a sigh of…

Legal Affairs Checklist Corona estate planning lawyer Joseph Hudack knows that with the fall season approaching, it’s an excellent time to review your affairs. Below is a legal affairs checklist to ensure your planning meets your needs and is up-to-date: When was your power of attorney last updated? A power…

If You’ve Lent Money to Family Corona estate planning attorney Joseph Hudack has observed that many children and grandchildren are skipping the traditional bank and obtaining loans from parents or grandparents. Unfortunately, we have all heard stories of families torn apart because of disagreements over money. So, what can you…

My Annuity Corona estate planning attorney Joseph Hudack says that selecting the right type of annuity for yourself is no small feat. Of course, you’ve put in the research and planned with your financial advisors. But, you might still be wondering what happens to those annuity payments upon your death.…

Small Business Owner? Corona estate planning attorney Joseph Hudack knows that preparing your company for your incapacity or death is vital to the survival of the enterprise. Otherwise, your business will be disrupted, harming your customers, employees, vendors, and ultimately, your family. For this reason, proactive financial planning — including…

Choose a Guardian for Yourself Corona Estate Planning Attorney Joseph Hudack knows that every day we make hundreds of decisions from what to eat for breakfast to where we go on vacation. With each passing day, there are more choices to be made. But, what will happen if you can’t…

Choose a Trustee Corona Estate Planning Attorney Joseph Hudack says that when you establish a trust, you name someone to be the trustee. A trustee does what you do right now with your financial affairs – collect income, pay bills and taxes, save and invest for the future, buy and…

Do It Now Corona Estate Planning Attorney Joseph Hudack knows that it’s hard. Thinking about someone else raising your children can stop you in your tracks. It feels crushing and too horrific to consider. But you must. If you don’t, a stranger will determine who raises your children if something…

A Guardian for Your Children Corona Estate Planning Attorney Joseph Hudack says that no question having children changes everything — and estate planning is no exception. If you and your spouse pass away or become legally incapacitated, and arrangements were never made in the event of such an emergency, your…

Pick A Trustee, Executor, and Agent Under a Power of Attorney Corona Estate Planning Attorney Joseph Hudack says that while the term fiduciary is a legal term with a rich history, it very generally means someone who is legally obligated to act in another person’s best interests. Trustees, executors, and…

Make a Successful Gift to Your Children Corona Estate Planning Attorney Joseph Hudack. What constitutes a “large” gift can be relative. That being said, if you are considering giving cash or property to someone, a little bit of planning can help avoid negative consequences. This is particularly true if the…

Should a Guardian and Trustee Be the Same Person? If you have overheard any discussion about an estate planning attorney, you have likely heard the words “guardian” or “trustee” tossed around in the conversation. Should Your Child’s Guardian and Trustee Be the Same Person? When it comes to estate planning,…

Your Successor Trustee Corona Estate Planning Attorney Joseph Hudack says. If you have a revocable living trust, you probably named yourself as trustee, so you can continue to manage your own financial affairs, but eventually, someone will need to step in for you when you are no longer able to…

Corona Estate Planning Attorney Joseph Hudack Says That One Call You Must Make After You Buy a Home That You’ve Probably Forgotten. During the home buying process, you worked with a lot of individuals: your realtor, the seller’s realtor, the title company, the loan officer, and the home inspector.  Now…

Tips For Every New Homeowner Congratulations on the purchase of your new home. Corona Estate Planning Attorney Joseph Hudack says that whether this is your first home or an upgrade/downsize, the purchasing of a home is a big event in your life. When these major life changes occur, it is…

Why Estate Planning Isn’t Just for the Top One Percent Corona Estate Planning Attorney Joseph Hudack says that there is a common misconception that estate plans are only for the ultra-rich – the top 1 percent, 10%, 20%, or some other arbitrary determination of “enough” money.  In reality, nothing could…

Corona Estate Planning Attorney Joseph Hudack says that the new tax legislation raises the federal estate tax exemption to $11.2 million for individuals and $22.4 million for couples. The increase means that an exceedingly small number of estates (only about 1,800, nationally) will have to worry about federal estate taxes…

Leave Assets to Adult Children Corona Estate Planning Attorney Joseph Hudack knows that when considering how to leave assets to adult children, the first step is to decide how much each one should receive. Most parents want to treat their children fairly, but this doesn’t necessarily mean they should receive…

Fix 5 Common Estate Planning Problems Corona Estate Planning Attorney Joseph Hudack knows the Common Estate Planning Problems – Not surprisingly, most people loathe reviewing their estate plan because it can be both confusing and daunting. Others do not want to think about death and avoid the topic altogether. If…

Leave Assets to Minor Children Corona Estate Planning Attorney Joseph Hudack knows that most parents want to make sure their children are provided for in the event something happens to them while the children are still minors. Grandparents, aunts, uncles, and good friends sometimes want to leave gifts to beloved…

The One Thing Every New Grandparent Must Do Corona Estate Planning Attorney Joseph Hudack welcomes the newest addition to your family. Being a new grandparent changes everything — including how you approach your finances — and is one of the most joyous occasions in life. The excitement of a new…

Executor’s Duties Corona Estate Planning Attorney Joseph Hudack knows that an executor, sometimes called a personal representative, is the person who is named in a will, appointed by the court, and responsible for probating the will and settling the estate. Depending on the state, an executor may work under court…

Should Domination Of The Corporation Be The Sole Factor? By L. Joseph Hudack, Esq., CCIM, MCR – Corona Estate Planning Attorney and Broker. I. Introduction Should Domination Of The Corporation Be The Sole Factor? America has become an entrepreneurial society with start-up businesses being incorporated every day. Statistics show that…

The ‘Simple’ Fix that Can Leave Your Family Broke Corona Estate Planning Attorney Joseph Hudack knows that there are many ways to own your assets. When you die, it is only natural that you want your family to share in the bounty of your hard work. As a way to…