When a person dies without leaving a will, it is called intestacy. When one dies intestate, their estate enters probate, a legal process in which one’s property is identified, inventoried, and distributed to heirs. Probate is a “one-size-fits-all” system that does not...
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Estate Planning
Federal employee and married?
For the first time in twelve years, federal employees have a chance to add or increase their group life insurance with no medical exam or health questions asked, but only during the month of September. FEGLI-eligible employees may also elect additional coverage on the...
Automatic Temporary Restraining Orders: Prohibitions on Estate Planning Actions during a Divorce Proceeding
When a spouse or domestic partner commences a proceeding in court to dissolve a marriage or domestic partnership, four temporary restraining orders (or “TROs”) automatically take effect, which prohibit either party, upon service of summons, from certain actions until...
Legal Basics for LGBT Elders
The National Center for Lesbian Rights (NCLR) offers an excellent manual for LGBT Elders. This manual is written for LGBT people, and will also be useful for the people who care for or assist you. LGBT elders are often invisible within America’s fast-growing aging...
Social Security Retirement and Survivor Benefits – Myths and Realities
70% of the country relies upon social security for a major source of income in retirement. There are Social security lifetime benefits — like retirement benefits– and social security survivor benefits usually when one loses a spouse. Social security Retirement income...
Even “Strong-Willed” People Can Be Vulnerable to Undue Influence or Financial Elder Abuse
It is becoming increasingly urgent for our legal system to provide adequate remedies for undue influence and elder abuse. Historically, courts have found influence or abuse improper enough to invalidate a transaction (like a gift) or a document (like an alleged...
Creating a Safe Harbor for African American LGBT Elders
By Johnston, Kinney & Zulaica LLP Attorney, Daniel Redman, and Imani Woody Lesbian, gay, bisexual and transgender (LGBT) elders come from every community, and providing inclusive services for people in this population requires taking into account their race,...
Can Intergenerational Connection Battle Ageism Within the LGBT Community?
By Johnston, Kinney & Zulaica LLP Attorney, Daniel Redman Ageism is hurtful to all older people, but it can be particularly devastating for lesbian, gay, bisexual and transgender (LGBT) elders. Not only do LGBT elders face ageism in the community at large, but...
Multi-National Estate Planning
By Yulissa Zulaica Estate planning can become more complex for U.S. persons who own property outside the U.S. or live outside of the U.S., or for non-resident persons (NRA) who own property in the U.S. Sometimes we have to make sure that the estate plan we establish...
Elder Financial Abuse: the lesser-known evil
By Vanessa Sundin John is 73 and lives in a retirement home in San Francisco. Although his family lives in the area, John sees them only two or three times a month. To chase away the lonely bug and to see some new faces, John often has dinner at a restaurant, named...