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McNichol & Tillem
Len Tillem and Rosie McNichol are elder law attorneys. Contact them at 846 Broadway, Sonoma, CA 95476, by phone at 996-4505, or lentillem.com. Len also answers legal questions each weekday, noon to 12:45 p.m., and Sundays, 4-7 p.m., on KGO Radio 810 AM.
November 6th, 2009
Daughter takes care of momLen & Rosie, For 24 years, I have lived with my mother. I have been her care giver for the past 14 years. I gave up a lot of my life and personal happiness for her. I am not sorry I did this. My sister told me that she did not want to take care of mom, and that I could have the house if I did. She lives in another state and rarely visits.
October 30th, 2009
Daughter omitted from inheritanceDear Len & Rosie, My recently deceased brother had a daughter 30 years ago. He and his wife divorced within her first year of her life. Apparently, my brother’s daughter was adopted by her mother’s second husband after she remarried. Would this daughter be legally entitled to any part of my brother’s estate or his trust? My brother had a living trust and didn’t want to leave anything to her, but the trust didn’t specifically name her and exclude her from an inheritance. Instead, the trust said, “I have purposefully omitted any other relatives from any and all distributions.” Is this a problem? -- Nancy
October 23rd, 2009
No love lost with daughter-in-lawDear Len & Rosie, I made a new will after my husband died 10 years ago. I had five children, and my will divides my estate among them equally. Four years ago, my son Richard died. He had two children, and a wife, an awful woman named Margaret. There is no love lost between us. I want to make sure that she gets nothing when I die. Do I need a new will? Sarah
October 16th, 2009
Father did not make wishes clearDear Len & Rosie, My 78 year old father died last November. My stepmother inherited everything under his will, even though Father always said that my brothers and I would get his money when he died. Of course, she is also named the executrix of his estate.
October 9th, 2009
Impact of adding someone to deedDear Len & Rosie, After my second wife passed away, I put my step-daughter’s name on the title to our house as joint tenants. I tried to sell the house last year but she would not sign the papers because she said she wanted the whole house. I went to a lawyer, and he didn’t do anything. I went to another lawyer, and still nothing. I have already spent $7,000 on lawyers and I have made no progress.
October 2nd, 2009
Daughter's name added to titleDear Len & Rosie, My father died and left some cash and the house to my mother. She is 82 years old. She has put the house in my name and hers. Her doctor has informed her she needs a pacemaker and now she wants to put the house solely in my name.
September 25th, 2009
Don't be so quick with gifting moneyDear Len & Rosie, I understand that Medi-Cal has a five-year look back period. But what exactly does that mean? My parents (90 and 85) live on their own and have about $200,000 in assets, no house. This year they plan to give each of their children $20,000. What happens if before the five-year period, they need to go into a nursing home or need financial assistance? They spoke to an estate planner four years ago but didn’t follow any of her advice. What will happen if Medi-Cal looks back at their finances? - Sandy
September 18th, 2009
Putting a living trust into effectDear Len & Rosie, Like so many others, I too, have a living trust. I have a question, but the lawyer who assisted me with my trust is no longer available for consultation. Can you explain the procedure for my family to put the living trust into effect when the time comes? I am widowed. Therefore, one of my sons will act on my behalf.
September 11th, 2009
Dealing with a drug addicted childDear Len & Rosie, I have a sister who is a drug addict and is usually out of contact with us. My other sister, stepbrother and I are the beneficiaries of my step-father’s living trust. Is there anything I can do ahead of time to ensure that we don’t have to find her when my step-father dies? - David
September 4th, 2009
Sister doesn’t have to share dad’s willDear Len & Rosie,
August 28th, 2009
Daughter won't shareDear Len & Rosie, My wife and I and our daughter bought a home in Goleta, near Santa Barbara. Our daughter has lived there ever since. She has paid rent to us for her use of our half of the property. We purposefully kept this rent low so that it was just enough to cover the mortgage.
August 21st, 2009
Living trust mythDear Len & Rosie, In 1993 my late husband and I went to an attorney and requested a family trust be drawn up for our family. My husband and I owned stock in a large corporation, and in 1993 the stock was retitled in the name of my husband and I as trustees of our family trust.
August 19th, 2009
Dynasty trusts give added protectionDear Len & Rosie, We have three grown children with children of their own and we have a trust. We want our children to be the beneficiaries but want to set it up so that, should they divorce, the spouse would not have a right to the inheritance.
August 14th, 2009
Dynasty trusts give added protectionDear Len & Rosie, We have three grown children with children of their own and we have a trust. We want our children to be the beneficiaries but want to set it up so that, should they divorce, the spouse would not have a right to the inheritance. I know that an inheritance comes into the marriage as separate property but I thought that, if the pool is used for community expenses, mortgage, etc. that the whole thing could become community property. Yuk. Is there a way to ensure that it will stay separate property? We don’t mind if our children purposely use the funds for their families, but would like to set it up so that they can keep the remainder of the inheritance should they divorce. What should we be looking for?
August 7th, 2009
Husband thinks home is hisDear Len & Rosie, My husband bought a home 25 years ago with his first wife. They were divorced two years later. I moved in 20 years ago, and we were married 15 years ago. He never put my name on the title because it’s on Proposition 13. He was concerned it would change the taxes.
July 31st, 2009
Why you should do a power of attorneyDear Len & Rosie, I have a half-sister in poor health. She wants me to get everything that is left in her estate when she dies. Her husband died and left everything to her and they have no children. In addition to me, she has two half-sisters; one who is very elderly and ill and another who is quite well.
July 24th, 2009
Mom's home should have been shelteredDear Len & Rosie, My mom died last year and she left me as the beneficiary of her trust. I transferred my name to her home after her death and her name was removed. She received Medi-Cal and now they want to place a “voluntary” lien on the property. Can they do this even though my name is on the property and can I force their hand by insisting on an “involuntary lien?” - Robert
July 17th, 2009
Trust should be reviewedDear Len & Rosie, My husband passed away recently after a courageous 19-year battle with prostate cancer. We made a revocable trust five years ago.
July 15th, 2009
Parents want to remove son from trustDear Len & Rosie, My parents have a revocable trust naming my brother and I as beneficiaries. My parents want to change the trust eliminating my brother.
July 10th, 2009
Parents want to remove son from trustDear Len & Rosie, My parents have a revocable trust naming my brother and I as beneficiaries. My parents want to change the trust eliminating my brother. Their trust is very simple and their assets are moderate. Those consist of their home and bank accounts. Total assets are below $500,000. Would it be easier to dissolve the trust and have them add me as joint owner of the home with right of survivorship and adding my name to the bank accounts as joint owner with right of survivorship? My brother also has a power of attorney that needs to be withdrawn. How do they do that?
July 3rd, 2009
A friend in needDear Len & Rosie, I have a friend who is dying of cancer. Doctors have given her two months to live. She has no will or living trust. She has no estate, but does have furniture that is worth maybe $5,000. Can I create a videotape of her stating what she would like done with her belongings?
June 26th, 2009
Create a dynasty trustDear Len & Rosie, We have three grown children with children of their own and we have a trust. We want our children to be the beneficiaries but want to set it up so that, should they divorce, the spouse would not have a right to the inheritance.
June 19th, 2009
Medi-Cal eligibilityDear Len & Rosie,
June 12th, 2009
No capital gains tax will have to be paidDear Len & Rosie, Mother passed away two months ago. We just found the deed to the house. All five names were on the deed — mom and the four kids. When we sell the house do we have to pay capital gains tax? If so how much? - Judy
June 5th, 2009
Brother seems to have exceeded his authorityDear Len & Rosie, After my father’s death, my mother gave my brother, Stephen, a durable power of attorney. Mom was never all that good with finances, and all of us agreed that it would be better for Stephen to take care of things in case anything bad happened to her.
May 29th, 2009
Making sure daughter will get her fair shareDear Len & Rosie, My husband and I have wills, but he wants to get a trust, to save probate fees, he said. We have had our wills for more than 30 years and my daughter is listed as our executor.
May 22nd, 2009
Husband dies without a willDear Len & Rosie, I have a friend who is in her 70s. Her husband passed away three months ago. She and her husband got married in 2008, but had lived together for 30 years. He owned the house in his name alone.
May 15th, 2009
What is inherited is separate propertyDear Len & Rosie, My sister and I inherited a $2 million apartment building. My wife of 31 years and I have a trust. I have no problem adding her name to the deed as a trustee, but could I stipulate in an agreement with my wife that if she asked me for a divorce down the road she would give the property back to me? -- Douglas
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