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Parents will tell you, their kids will take care of them. If you pose the same question to their children….you might get a different answer. Making that process more efficient and understood should be a concern of all aging parents. Not only will this make it easier for your children, it can prot...

I Signed a Deed Disclaimer and my Spouse Died – Oh No! What are we talking about here? In Arizona, any assets purchased during the marriage are presumed to be community property. One exception is when one spouse signs a disclaimer deed as part of a real estate transaction. This situation usually ...

Life plan communities, often referred to as continuing care retirement communities (CCRCs), are an increasingly popular choice of aging Americans. These communities offer the array of care options necessary as seniors move through the stages of aging that include independent or assisted living, m...

Contemplating our own death is one of the hardest challenges we will ever have to face. Yet, if we want our dying to be meaningful and merciful, it is imperative that we think about it while we still can. Most of us want to die at home, in a familiar and peaceful setting surrounded by loved ones....

WHAT!? Why? There are eight reasons why the estate plan you thought was fine may not ensure that your wishes are carried out. 1. Missing Parts of the Plan You may be missing some critical parts of an effective estate plan. At a minimum, all clients should have a Will, financial power of attorney,...

The Senior Safe Act, signed into law by President Trump earlier this year, is designed to protect our elders from financial abuse from either within a family or support system, or by scam artists preying upon them. Tens of billions of dollars each year are illegally taken from US seniors and thes...

When someone passes away, it is always an emotional time for family members. Unfortunately, it is also a time when someone in the family should think clearly, because there are things you should do immediately that will help make the experience easier for everyone in the family. #1: Get Access to...

There are 58 million Americans five years of age or older that are identified as special needs making them the largest single minority in this country. The majority of federal and state benefits available to help persons with disabilities are needs based, meaning income and assets are strictly li...

When someone passes away, one of the first questions I am often asked is if creditors can take part of the estate assets to settle debts. Another related question is whether or not the heirs are personally responsible for paying things like credit card bills, the mortgage, phone and power bills, ...

We lawyers prepare powers-of-attorney documents so that when our clients can no longer act for themselves, the documents will convey on other trusted people the authority to act on our clients' behalf. But when it comes to actually using those documents at the time of a health-care crisis, clear ...

You may think your living will is in order, including instructions regarding resuscitation commonly referred to as a DNR (do not resuscitate). While your wishes in a living will may be appropriately documented, that does not guarantee the instructions will be carried out as you stated. The fright...

Your right to vote is a fundamental lynchpin of what it means to be a citizen – yet you could lose your right if you become a ward in a guardianship. Having a strong power of attorney is essential to avoid that drastic, but little-known, consequence. A power of attorney gives a trusted person the...

In general, a trust is created when property or assets are managed by a person or firm for another person's benefit. The person or entity who manages the trust is known as the “trustee” and is entrusted with the responsibility of making decisions in the best interest of the person who benefits fr...

What is Elder Abuse? Elder abuse is a problem that takes many forms. Unfortunately, many seniors are subjected to elder abuse and often times the abuse goes unreported and the abuser goes unpunished. Elder abuse may take the form of physical abuse, include hitting, striking, beating, kicking, ...

An involuntary transfer of an LLC membership interest is just that—a transfer prompted by a creditor action or the occurrence of a triggering event outside of the member's control. An individual or entity obtaining a membership interest as a result of an involuntary transfer usually cannot fully ...

An LLC affords its members a certain amount of personal asset protection. Part of this protection hinges on the restricted transferability of LLC membership interests.  Restricted transferability protects the non-transferring members from creditors and unwelcome new members, which upholds the int...

Say you are a member of an LLC. You own membership interests in the LLC. But what if you want to leave the LLC? What if you get a divorce? What if you have creditors seeking immediate repayment? What can you do with your membership interests? The answer depends on how transferable those membershi...

A quitclaim deed (also known as a quick claim deed) is used transfer title on real property. People on their own use them all the time and almost always create future problems. Quitclaim deeds stink, first and foremost because the deed doesn't even say whether or not the person even owns the prop...

For women, securing enough retirement income can be a daunting proposition. Generally speaking, women face two significant hurdles to overcome to achieve a comfortable flow of retirement income. One hurdle involves longevity, and the second deals with earning power. Women have a longer life expec...

As a member of an LLC, you have an operating agreement. But as an individual business owner, you may also have a revocable trust. When they don't agree with or support each other, which one takes precedence in the eyes of the law? Operating Agreement: One Side of the Equation Let's assume that yo...

Long-term care insurance is very beneficial for the elderly or disabled person who need will services or support to meet their personal care or health needs. However, it is important to understand long-term care insurance before the time comes when the benefits are needed. Unfortunately, many peo...

President Trump signed the Economic Growth, Regulatory Relief, and Consumer Protection Act into law on May 24, 2018. The Act contains a section that was once a stand-alone bill from Sen. Susan Collins (R-Maine) which is designed to encourage the reporting of elder (age 65 and older) financial abu...

For some seniors in the baby boomer generation aging brings with it new challenges in the form of solo aging. Solo aging is a senior who has no children and no younger (or healthier) family members to assist them as they age. As in generations before, baby boomers are living longer and healthier ...

The importance of making end of life preparations cannot be stressed enough. Many put off making these plans thinking there is always time. The sad reality is that none of us are guaranteed time. Others may be bothered by the thought of death itself and allow this to paralyze them when it comes t...

A durable power of attorney is one of the most important estate planning documents you can have.  It allows someone who you appoint (your agent) to make decisions on your behalf in the event you become incapacitated. If you have not appointed an agent then your friends and family may not have the...