-Most attorneys suggest that an estate plan should be reviewed every three to five years, or when a major life event happens. Mary Ann Tardiff is the Atascadero attorney who provides will and living trust services and has some tips to help people make changes to their will, living trust, and estate plan.

Things change, and reviews are critical to making sure the estate plan includes everything necessary. Changing a will and living trust doesn’t have to be difficult and preparing ahead of time can make it even easier. Keep in mind that changes to the will also mean changes to the living trust, and vice-versa.

What life changes mean it’s time to amend a living trust?

Living trusts, also known as revocable trusts, can be changed at any time for any reason. Significant life changes are good times to review the trust and make those changes. Life changes can include:

• Marriage or divorce.
• A name change.
• A new baby or adopting a child.
• Death of a beneficiary.
• Adding or removing a beneficiary.
• Changing the trustee or successor trustee.
• Changing the way the property is distributed.
• Adding or removing assets.
• Moving to another state with different inheritance laws.

Many other life events warrant updating a living trust. Questions about whether to update or not are best directed to an attorney. Anyone living in Atascadero or nearby can meet with wills and living trust attorney Mary Ann Tardiff for a consultation.

Why do life changes require a review?

Not every life change means a change to the trust, but some, like those mentioned above affect how assets are distributed. Selling real property, for example, means that the property is not long held by the trust and the beneficiaries are no longer going to receive any benefits from that property. It might be time to redistribute assets to make sure no one is left out. Likewise, buying real property would need to be transferred into the trust.

Another example is a divorce. There is most likely a reason to amend the trust to either remove the former spouse as a beneficiary or reallocate assets. It’s also a common practice to designate a surviving spouse as a trustee or successor trustee. Leaving a former spouse in that position may not be a good idea.

The death of a beneficiary is another reason to amend the trust and reallocate assets to those beneficiaries still living, or to the dependents of the deceased beneficiary.

How to amend or revoke a living trust

Here are some of the general steps for amending a trust:

• Make a list of everything that might affect the current trust. Take the list to the appointment with the attorney. This is the best way to make sure nothing important gets left out.
• Be clear about the changes to be made.
• When the changes are completed, be sure to sign the documents as required by law.
• Make and distribute copies as needed. For example, the trustee needs a copy.
• File the documents and amendments together in a safe place. Make sure those who need to know the location are informed.

Working with an experienced wills and living trust attorney, like Atascadero’s Mary Ann Tardiff, means getting the top advice possible. There are almost always legal implications to amending a living trust that the average layperson probably doesn’t know. There may be significant circumstances that make revoking the will or living trust and creating a new one the wiser and easier method.

Mary Ann Tardiff has been an attorney for over 30 years and is currently in private practice in the City of Atascadero, CA. She focuses on estate law, small business law, elder law, and consumer rights. Her vast experience as an attorney, commissioner, and judge pro tem, as well as her dedication to providing affordable and timely legal services, make her an ideal choice when seeking legal services.

Law Office of Mary Ann Tardiff
6907 El Camino Real, Ste A
Atascadero, CA 93422
(805) 451-6683

A new report from the Paso Robles estate planning attorney

Conservatorship for adults is a legal arrangement where a court appoints a guardian to make decisions on behalf of an individual who is unable to make decisions for themselves. Due to aging or a life misfortune, an adult may no longer be able to care for themselves physically, legally, or financially. Concerned family members can petition the court to establish a legal conservatorship to protect their loved one from being exploited, and to ensure he or she lives out his life in safety and the best health possible. Mary Ann Tardiff, the Paso Robles estate planning attorney has some tips to help plan for requesting a conservatorship for a loved one.

Since some of the common reasons for establishing a conservatorship are due to incapacity due to mental illness, cognitive impairment, or developmental disabilities that require assistance with decision-making, it’s very important to work with a knowledgeable attorney to make sure all of the estate documents are in order, all medical reports are acquired and the petition with the court is filed correctly.

One of the first things to do is review the trust, will, Advanced Health Care Directives, and any Powers of Attorney regarding health and finances. All of these documents should be updated if needed and if they don’t exist, this would be the time to create them. A consultation with the Paso Robles estate planning attorney is the first step to making sure all of the estate documents are in order.

The primary reason for establishing a conservatorship is to protect the individual from exploitation and physical harm, including harm to his or her health. The courts take a hard look at petitioners to make sure the conservatorship is in the best interest of the disabled individual.

The person who is ultimately granted the conservatorship is responsible for the individual’s welfare and providing care that includes:

• Protection from exploitation: Conservatorship can help protect vulnerable adults from financial exploitation, abuse, or manipulation by others who may take advantage of their impaired decision-making capacity.
• Medical decision-making: In situations where an individual is unable to make medical decisions, a guardian can be appointed to make healthcare choices in the person’s best interest.
• Ensuring basic needs: A guardian can ensure that the individual’s basic needs, such as housing, food, and medical care, are met when the person is unable to manage these aspects on their own.
• Financial management: If an individual is unable to manage their finances due to incapacity, a guardian can be appointed to handle financial matters, pay bills, and manage assets on their behalf.
• Legal decision-making: A guardian may be needed to make legal decisions for an individual who is unable to understand legal matters and participate in legal processes.
• Safety concerns: If there are concerns about the individual’s safety, guardianship can be established to ensure they are in a secure environment and protected from harm.
• Consistency and stability: Establishing guardianship can provide a stable and consistent framework for decision-making, ensuring that the individual’s needs are consistently addressed even as their capacity fluctuates.

A conservatorship is a significant legal intervention, and less restrictive alternatives, such as power of attorney or healthcare proxies, might be explored first. conservatorship should be considered when no alternatives are suitable for addressing the individual’s needs and protecting their well-being. The decision to pursue conservatorship should be made with careful consideration of the individual’s best interests and autonomy.

Mary Ann Tardiff, the Paso Robles estate planning attorney, has been practicing law for over 30 years. Her focus is providing legal services and solutions for estate planning, elder law, consumer rights, and small businesses. She is available for house calls when necessary and has fixed fees for most of her services.

Her vast experience as an attorney, Commissioner, and Judge Pro tem, as well as her dedication to providing affordable and timely legal services, make her an ideal choice when seeking legal services.

Call today!

Answers from the Atascadero estate planning attorney

The answer is “Yes.” If you don’t have an estate plan, now is the time to start one. If you have one, now is the time to update it. Mary Ann Tardiff, the Atascadero estate planning attorney has the following reasons why it’s time to start an estate plan:

• Protecting assets—Your home is likely one of your most significant assets. Establishing an estate plan helps protect it from creditors, lawsuits, and other potential risks.
• Ensure how your assets are distributed—An estate plan allows you to specify how you want your assets, including your home, to be distributed upon death. This ensures your wishes are followed and can help prevent disputes among family members.
• Designate beneficiaries—You can designate who inherits the home and other assets through your estate plan, ensuring that you provide for your loved ones.
• Avoid probate—Proper estate planning can help your loved ones avoid the lengthy and costly probate process, allowing them to inherit your home more quickly and with fewer complications.
• Minimize taxes—Estate planning strategies can help minimize the tax burden on your estate, ensuring that more of your assets, including your home, pass to your beneficiaries rather than being lost to taxes.
• Protect minor children—If you have minor children, your estate plan can designate guardians to care for them in the event of your death, as well as establish trusts to manage and distribute assets on their behalf.
• Plan for incapacity—Estate planning documents such as a durable power of attorney and healthcare directive allow you to appoint someone to make financial and medical decisions on your behalf if you become incapacitated. The Atascadero estate planning attorney spends the time needed to help complete these, and all documents in an estate plan.
• Provide for special needs—If you have a family member with special needs, your estate plan can include provisions to ensure they are cared for financially and receive necessary support without jeopardizing their eligibility for government benefits.
• Protect business assets—If you own a business in addition to your home, an estate plan can help ensure a smooth transition of ownership and management, protecting the business and its assets for future generations.
• Peace of mind—Finally, having an estate plan in place gives you peace of mind knowing that your affairs are in order and your loved ones will be taken care of according to your wishes, providing security for you and your family.

Starting an estate plan after buying your first home is a proactive and responsible step toward protecting your assets, providing for your loved ones, and ensuring your legacy is preserved. Consulting with Atascadero estate planning attorney, Mary Ann Tardiff, can help you create a plan tailored to your specific needs and circumstances.

Mary Ann Tardiff is an experienced attorney who can advise you on the most successful ways to achieve your estate planning goals. Through detailed analysis, Mary Ann can:

• Inventory all of your assets
• Assist with retitling of assets and preparing deeds
• Transfer those assets so they are properly held in your trust
• Establish guardianship for minor children, dependent adults who rely on your care and even beloved pets
• Assist with setting up college funds
• Make sure your favorite philanthropic causes are included in your estate plan
• Draft a will
• Assist with preparing a living will
• Provide guidance for power of attorney related to wills, living wills, and trusts
• Establish trusts and other legal entities beneficial to your estate

Whether you are a young person starting out, a family, or a senior citizen, Mary Ann Tardiff can help you set up a trust that is appropriate to your circumstances or make changes to an existing trust.

Call for your appointment today! Ms. Tardiff also makes house calls!

-Protecting currently held assets, such as retirement funds, and insurance policies are important reasons for parents to have an estate plan. The Law Office of Mary Ann Tardiff, the Atascadero estate planning attorney recently released the top reasons parents need an estate plan.

Estate planning is an important aspect of financial and family planning that helps parents ensure their assets are managed and distributed according to their wishes after their passing. Here are 10 reasons why parents should have an estate plan:

1. Asset distribution: An estate plan allows parents to specify how their assets, including property, investments, and personal belongings, should be distributed among their heirs or beneficiaries.
2. Minor children: Parents can name guardians for their minor children in their estate plan, ensuring that their children will be cared for by trusted individuals if both parents pass away prematurely.
3. Avoiding probate: Estate planning can help avoid the often time-consuming and expensive probate process, allowing assets to be transferred more efficiently to heirs. An estate plan and avoiding probate are not reserved for the wealthy. In California, when someone dies without a trust, and they have assets worth more than $184,500, the estate is subject to probate proceedings. In today’s economy, the family home alone can surpass that threshold. The Atascadero estate planning attorney helps inventory assets and appropriately declare them in an estate plan.
4. Tax efficiency: Estate planning can help parents minimize estate taxes, ensuring that more of their assets go to their chosen beneficiaries rather than being consumed by taxes.
5. Healthcare decisions: Parents can use estate planning tools like a healthcare proxy or living will to outline their medical treatment preferences and appoint someone to make healthcare decisions on their behalf if they become incapacitated.
6. Financial management: Parents can appoint a financial power of attorney to manage their financial affairs if they become unable to do so themselves due to illness or incapacity.
7. Charitable giving: Estate plans can include provisions for charitable giving, allowing parents to support their favorite causes or organizations even after they are gone.
8. Business succession: If parents own a business, estate planning can ensure a smooth transition of ownership and management to the next generation or a chosen successor.
9. Peace of mind: Perhaps most importantly, having an estate plan provides parents with peace of mind, knowing that their wishes for their family and assets will be respected and followed even after they are no longer able to make decisions.

Mary Ann Tardiff, Atascadero’s experienced estate planning attorney, can advise on the most successful ways to achieve estate planning goals. Through detailed analysis, Mary Ann can:

• Inventory all assets
• Assist with retitling of assets and preparing deeds
• Transfer those assets so they are properly held in trust
• Establish guardianship for minor children, dependent adults who rely on your care, and even beloved pets
• Assist with setting up college funds
• Make sure favorite philanthropic causes are included in the estate plan
• Draft a will
• Assist in preparing a living will
• Provide guidance for power of attorney related to wills, living wills and trusts
• Establish trusts and other legal entities beneficial to your estate

Whether you are a young person starting out, a family, or a senior citizen, rely on Mary Ann Tardiff to help set up a trust that is appropriate to your circumstances or make changes to an existing trust.

Law Office of Mary Ann Tardiff
6907 El Camino Real, Ste A
Atascadero, CA 93422
(805) 451-6683

-Purchasing your first home is an exciting milestone in life. It represents a significant financial investment and a place where you can build a future for yourself and your loved ones. Amid the joy and anticipation, it’s crucial to consider the importance of setting up an estate plan. While estate planning may seem like a task for the distant future, Mary Ann Tardiff, an estate planning attorney serving Paso Robles and San Luis Obispo County, says that establishing one early on, especially when buying your first home, can bring numerous benefits and provide peace of mind for you and your family.

Reasons for setting up an estate plan include:

• Protecting your assets
• Nominating guardianship for children
• Avoiding probate
• Managing healthcare decisions
• Business continuity

Protecting assets

Owning a home is a valuable asset, and it’s essential to safeguard it for the long term. By creating an estate plan, you can determine how your property will be managed and distributed in the event of your passing. This plan allows you to ensure your home and other assets are passed on to the intended beneficiaries, whether it’s a spouse, children, or other loved ones.

Assets include more than just the new home. Bank accounts, insurance policies, retirement accounts, vehicles, and in short, anything you own is an asset.

Nominating guardianship

For individuals who have children or plan to have children in the future, establishing an estate plan is crucial. Through the process, you can nominate guardians who will take care of your minor children in the event of your untimely death or incapacity. Selecting responsible individuals to care for your children ensures their well-being and provides you with peace of mind.

An estate plan can also specify conservatorship for dependent adults, such as elderly parents or an incapacitated sibling.

Ensuring children are cared for in the event of a tragedy gives parents great peace of mind, informs the Paso Robles estate planning attorney.

Avoiding probate

Another significant advantage of an estate plan is the ability to avoid probate and ensure your wishes are carried out. Without proper planning, your estate may go through a lengthy and expensive probate process, which can be emotionally and financially burdensome for your loved ones. Estate planning allows you to ensure that your assets are distributed efficiently, reducing the tax burden on your heirs.

Managing healthcare decisions

While estate planning typically focuses on financial matters, it’s also critical to consider healthcare decisions. By creating an estate plan, you can establish an Advanced Health Care Directive (ADHC) that specifies your wishes regarding medical care in the event you are incapacitated and a durable power of attorney for healthcare and finances, granting people you trust the authority to make medical decisions on your behalf and take care of your finances.

Business continuity

If you own a business, an estate plan allows you to establish a plan for the continuity and management of your business, ensuring that it can continue operating smoothly or be transferred to the appropriate individuals.

Working with an expert

Rely on Mary Ann Tardiff’s legal experience to advise you about successful estate planning solutions. A properly established estate plan from the Paso Robles estate planning attorney is the best way to be assured your new home and other assets are protected for your family.

Whether you are a young person starting out, a family, or a senior citizen, Mary Ann Tardiff can help you set up an estate plan that includes a will, trusts that are appropriate to your circumstances, healthcare directives, and guardianships.

Through detailed analysis, Mary Ann will:

• Inventory all of your assets.
• Assist with retitling of assets and preparing deeds.
• Transfer those assets so they are properly held in your trust.
• Establish guardianship for minor children, dependent adults who rely on your care, and even beloved pets.
• Assist with setting up college funds.
• Make sure your favorite philanthropic causes are included in your estate plan.
• Draft a will.
• Assist with preparing the AHCD.
• Provide guidance for power of attorney related to wills, living wills, and trusts.
• Establish trusts and other legal entities beneficial to your estate.

Call today to get started!

-Unfortunately, senior citizens are often vulnerable to various forms of abuse, including physical, emotional, and financial exploitation. Protecting them from these threats should be a top priority for families and communities alike. Mary Ann Tardiff, the Atascadero attorney whose practice includes elder law and estate planning, recently released the following tips to help keep senior citizens safe.

Promote awareness

One of the first steps in protecting seniors from abuse is to raise awareness. Families, caregivers, and community organizations should educate themselves and others about the signs and risk factors associated with abuse. By recognizing the warning signs, we can take proactive measures to prevent abuse from occurring or escalating.

Encourage social connections

Isolation is a common factor that makes seniors susceptible to abuse. Encourage your elderly loved ones to stay socially connected. Loneliness can lead to depression and anxiety, making seniors more vulnerable to emotional abuse. Joining social groups, participating in community events, and maintaining relationships with family and friends can significantly reduce the risk of abuse.

Establish a support system

A strong support system is crucial for senior citizens. This can include family members, neighbors, and caregivers who regularly check in on them. A strong support network not only helps prevent abuse but also provides emotional and practical assistance as seniors age.

Financial protection

Financial abuse is a prevalent form of exploitation among seniors. To protect against this, seniors should appoint a trustworthy power of attorney who can manage their finances if necessary. Regularly monitor bank statements, credit reports, and financial transactions to detect any suspicious activity promptly. Educate seniors about common scams and ensure they are cautious when sharing personal and financial information.

“Estate planning is an important way to protect a senior’s finances and assets from being exploited,” says the Atascadero attorney.

Recognize emotional abuse

Emotional abuse can be harder to detect than physical abuse, as it often leaves no visible marks. Watch for signs of emotional abuse, such as sudden mood swings, withdrawal from social activities, or a noticeable change in behavior. Encourage open communication with your loved ones so they feel comfortable sharing their feelings and experiences.

Regular medical checkups

Physical health is closely connected to emotional well-being. Ensure that seniors receive regular medical checkups to identify any health issues that might make them more susceptible to abuse. Conditions like dementia or cognitive impairments can increase vulnerability, so early detection and intervention are critical.

Home

Seniors who live independently should have a safe and secure home environment. Install safety features such as handrails, non-slip mats, and proper lighting to prevent falls and accidents. Regularly check appliances and heating systems to avoid fire hazards. Implementing these safety measures can protect seniors from physical harm.

Empower seniors

Empower seniors to stand up for themselves and report abuse if it occurs. Encourage them to trust their instincts and seek help from trusted individuals or authorities if they feel unsafe. Seniors need to know that they have the right to live free from abuse and exploitation.

Legal protections

Familiarize yourself with the legal protections available to senior citizens in your region. Laws may vary, but many places have specific legislation in place to prevent elder abuse. These laws can provide recourse and protection for seniors who have been victimized.

Stay informed

Stay informed about the latest scams and tactics used by abusers. Scammers are constantly evolving, so it’s essential to keep up-to-date with new methods of exploitation. Share this information with seniors and caregivers to help them stay vigilant.

Protecting senior citizens from physical, emotional, and financial abuse requires a multifaceted approach that involves awareness, education, support, and vigilance. By taking proactive steps and promoting a culture of care and respect for our elders, we can create safer environments for seniors to thrive in their golden years. Remember that it’s not only a responsibility but also a privilege to ensure the well-being of our senior loved ones and all senior citizens in our communities. Together, we can work towards a world where elder abuse is a thing of the past.

Mary Ann Tardiff is available to consult and assist in matters of elder abuse, elder law, health care and estate planning in her Atascadero attorney office or by appointment. Mary Ann Tardiff serves the needs of senior citizens, including:

• Estate planning, wills, trusts and tax issues
• Powers of Attorney
• Living wills or Advanced Health Care Directives
• Social Security benefits, Medicare and Medicaid coverage
• Retirement living, assisted living, nursing home and in-home care
• Age discrimination and elder abuse
• Assisting families with elder care issues

Make your appointment today!

Creating a will is often seen as a task reserved for older individuals who have accumulated substantial assets or have reached a certain stage in their lives. However, the notion that wills are only for the elderly is a misconception that can have serious consequences. Regardless of age, having a will is a crucial step in ensuring your wishes are carried out and your loved ones are protected. Mary Ann Tardiff, a Robles attorney who prepares wills and trusts for Paso Robles and the Central Coast has prepared the top reasons why you are never too young to create a will.

• Protecting what one has: Even young adults just starting out have some assets to their name. These assets may include a car, a savings account, or personal belongings that hold sentimental value. Having a will in place means individuals can specify how these assets are to be distributed in the event of their passing. Without a will, California probate law determines how assets are distributed, which may not align with one’s wishes.
• Designating beneficiaries: A will allows individuals to designate specific individuals or organizations as beneficiaries of their estate. This is especially important if there are specific people or charities to receive specific assets. By naming beneficiaries in the will, individuals ensure that the assets go to the intended recipients.
• Appointing a guardian for minor children: A will is crucial for establishing guardianship of minor children. Through the will, individuals can appoint a guardian who will be responsible for their care and upbringing in the event of their untimely passing. Without a will, the court will decide who will take on this role, and their decision may not align with one’s wishes or the children’s best interests.
• Avoiding family disputes: Sadly, a death in the family can lead to family disputes and legal battles. A will can help minimize the chances of disagreements among family members regarding the distribution of assets. Creating a will provides a sense of clarity and reduces the emotional burden on loved ones during an already difficult time.
• Planning for unexpected events: Tragedies can strike at any age, and being prepared is essential. Creating a will ensures that there is a plan in place, regardless of one’s age or health status. It allows individuals to make decisions regarding life-saving medical treatments, organ donation, and funeral arrangements, relieving family members from having to make these difficult choices on their behalf. Including the will and other documents such as an Advanced Health Care Directive, in a properly constructed trust is the strongest insurance that one’s wishes will be honored. Mary Ann Tardiff is the attorney who can help make sure wills and trusts for Paso Robles and Central Coast residents are completed properly.  
• Business succession planning: If individuals own a business, regardless of its size, a will can outline their wishes for its continuity after their passing. They can name a successor or specify how they want the business to be handled, preventing potential disputes among partners or family members.
• Updating the will as life changes: Creating a will is not a one-time event; it’s an ongoing process. As individuals grow older, their life circumstances and priorities may change. By creating a will early on, individuals establish a foundation that can be updated and modified as needed throughout their life. Regularly reviewing and updating the will ensures that it accurately reflects one’s wishes and avoids any unintended consequences.

In conclusion, age should never be a barrier when it comes to creating a will. Regardless of one’s youth or the size of their estate, having a will in place provides peace of mind and protects loved ones. By taking this proactive step, individuals can ensure that their assets are distributed according to their wishes, their children are cared for, and potential conflicts are minimized. Don’t wait until it’s too late – start planning for the future by creating a will today.

Mary Ann Tardiff has been preparing wills and trusts for Paso Robles and the Central Coast for over 30 years. Her practice also includes business law, elder law, consumer rights, and more.

Call the Law Offices of Mary Ann Tardiff today!

Age discrimination in the workplace can be a serious issue, and it’s important to be aware of the signs that an employer may be engaging in such practices. Here are some common signs of age discrimination from Atascadero attorney, Mary Ann Tardiff.

• Biased hiring practices: If the job postings consistently contain language that implies a preference for younger candidates, or if older candidates are consistently overlooked during the hiring process, it could be a sign of age discrimination.
• Age-related comments or jokes: If there is a prevalent culture of making derogatory or demeaning remarks about older employees or candidates, it may indicate a discriminatory attitude towards age.
• Lack of promotions or career development opportunities: If older employees are consistently passed over for promotions or are not given opportunities for career advancement, while younger employees with similar qualifications and experience are promoted, it could suggest age discrimination.
• Unequal treatment or policies: If an employer implements policies or practices that disproportionately affect older employees, such as mandatory retirement ages or limiting training opportunities for older workers, it may be indicative of age discrimination.
• Harassment or exclusion: If older employees are subjected to harassment or exclusion based on their age, either by colleagues or supervisors, it may be a form of age discrimination.
• Sudden changes in job requirements: If an employer abruptly changes job requirements or expectations in a way that disproportionately affects older employees, it may indicate an attempt to push them out of the organization.
• Disproportionate layoffs or terminations: If older employees are consistently targeted for layoffs or terminations, particularly if they are replaced by younger, less experienced workers, it could suggest age discrimination.
• Disparate access to benefits: If there is a discrepancy in the availability or quality of benefits, such as health insurance or retirement plans, between older and younger employees, it may be a sign of age discrimination.

It’s important to note that while these signs may indicate age discrimination, they do not guarantee its presence. If you suspect age discrimination, it’s advisable to consult with an attorney who can investigate the matter and represent your interests if you have been discriminated against because of your age.

Mary Ann Tardiff is an attorney in Atascadero, CA who works to help senior citizens with a variety of matters including:

• Estate planning, wills, trusts and tax issues
• Powers of Attorney
• Living wills or Advanced Health Care Directives
• Social Security benefits, Medicare and Medicaid coverage
• Retirement living, assisted living, nursing home and in-home care
• Age discrimination and elder abuse
• Assisting families with elder care issues

Most seniors live vital active lives but aging often brings complications from society that are not experienced by younger people. Age discrimination is only one of those complications that can create personal problems, cause concern for loved ones, and attract unwelcome attention from those who do not have senior citizens’ best interests at heart.

All stages of life are meant to be enjoyed with peace of mind. Mary Ann Tardiff, the Atascadero attorney, serves the needs of senior citizens. Knowing that as many of life-matters as possible have been addressed in advance is one path to comfort in our senior years.

Call for an appointment today.

Probate court is an important part of estate planning in California and understanding how it works can help people ensure that their property and assets are distributed according to their wishes after death. Mary Ann Tardiff, the Atascadero estate planning attorney recently released a summary of the impact probate proceedings can have on an estate and how to legally avoid probate.

Probate court is a division of the California court system that handles the distribution of a deceased person’s assets and property. When a person dies, their assets and property become part of their estate. The probate court is responsible for overseeing the distribution of the assets and property to the deceased person’s heirs or beneficiaries.

The probate court’s main function is to ensure that the deceased person’s assets and property are distributed according to their wishes, as outlined in their will. If there is no will, the court will distribute the assets and property according to California law. The probate court also oversees the payment of any debts or taxes owed by the deceased person.

Although the court makes every effort to be fair and abide by the will, this doesn’t always happen. Loved ones and favored charities may not receive the assets intended for them if the court determines otherwise. If the will is challenged, distribution of assets may be delayed and may not happen as intended. Challenges to the will and creditors claims on the estate can prolong the probate process and become expensive. The court has the authority to order certain assets be sold to meet expenses, regardless of what the will specifies. If an heir presents a strong enough, valid protest, they could be awarded assets that are meant for someone else.

“The best way to avoid probate court have an estate plan that includes a revocable trust  (living trust) and a will, along with an Advanced Health Care Directive (AHCD) and appropriate powers of attorney,” reports the Atascadero estate planning attorney. There are also other legal methods, such as:

• Transfer on Death (TOD) processes that transfer ownership of certain assets up death. Property that has TOD beneficiaries is protected from probate proceedings by California law.
• Naming beneficiaries on insurance policies and some investment accounts.
• Making sure that real property and other titled assets are recorded correctly so they automatically pass on to a surviving spouse or domestic partner.

A will alone is not enough to avoid probate court, but a trust is. When someone dies without a trust and a will, and the estate is worth more than $184,500, the estate automatically goes to the probate court. Almost everyone who owns real estate in California already has assets at this threshold.

Additionally, for those who own, or are partners in, a business, it’s important to make sure the business continues in a manner that protects partners and family. An individual’s interest in a business is an asset that can also be subject to probate proceedings without the appropriate protection.

A meeting with the Atascadero estate planning attorney can help you fully understand the probate process and the legal processes that are available to keep an estate out of probate court, ensuring your wishes are honored upon your death.

Benefits of an estate plan include: 

• Minimizing estate taxes.
• Personal peace-of-mind knowing that your wishes will be honored.
• Flexibility and control over your estate when the right kind of trust is established.
• Protection of assets during your lifetime.
• Avoid probate court, fees and delays in settling your estate.

Whether you are a young person starting out, a family, or a senior citizen, Mary Ann Tardiff is an experienced attorney who can advise about a successful estate plan. Through detailed analysis, Mary Ann:

• Inventories all of your assets.
• Assist with retitling of assets and preparing deeds.
• Transfer those assets so they are properly held in your trust.
• Establish guardianship for minor children, dependent adults who rely on your care and even beloved pets.
• Assist with setting up college funds.
• Make sure your favorite philanthropic causes are included in your estate plan.
• Draft a will.
• Assist preparing an AHCD and provide guidance for the appropriate powers of attorney related to the estate plan.
• Establish trusts and other legal entities beneficial to the estate.

Law Office of Mary Ann Tardiff
6907 El Camino Real, Ste A
Atascadero, CA 93422
(805) 451-6683

-Estate planning is an essential part of protecting assets during one’s lifetime, making sure those assets are distributed as desired upon death and avoiding probate proceedings. “But,” reports Paso Robles estate planning attorney, Mary Ann Tardiff, “there are other legal ways to transfer ownership of certain kinds of assets and avoid probate without a will or a trust.”

California law provides for “Transfer on Death” (TOD) for certain assets, including vehicles and mobile homes. Designating a TOD beneficiary can be an effective way to keep vehicles and mobile homes out of probate, according to experts. By naming a specific individual as a TOD beneficiary, the property can be transferred directly to them after the owner’s death, bypassing the probate process. However, there are limitations on when and how TOD designations can be used, and expert advice may be necessary to navigate the process.

The following information summarizes the steps for making TOD designations for vehicles and mobile homes, as well as the responsibilities of beneficiaries. Mary Ann Tardiff, the Paso Robles estate planning attorney, is available to assist and make the process as seamless as possible.

• Designating TOD for vehicles: In California, a TOD beneficiary can only be designated when there is one registered owner of the vehicle. The owner retains full ownership of the vehicle and can sell it, scrap it, or donate it without notifying the TOD beneficiary. The TOD designation is revocable at any time by completing and filing a new certificate of title. To designate a TOD beneficiary for a vehicle, the owner must enter the new registered owner’s name, the initials “TOD” and the beneficiary’s name on the California Certificate of Title (pink slip). The completed and signed form must be turned in to the DMV along with the appropriate fees. Upon the owner’s death, the named beneficiary must complete certain information on the title, sign it and submit the signed title and the DMV Statement of Facts (REG 256) form to the DMV. The DMV may also require additional documentation such as a copy of the death certificate.
• Designating TOD for mobile homes: In California, mobile homes that are not on a permanent foundation are registered through the California Department of Housing and Community Development (HCD). A TOD beneficiary can be designated on a mobile home by completing and filing a “Transfer on Death Beneficiary” form. The beneficiary cannot be a registered owner of the mobile home. The TOD is revocable during the owner’s lifetime and the beneficiary does not take any ownership interest while the owner is still alive. The beneficiary can secure ownership after the owner’s death by submitting the certificate of title, a completed and signed “Transfer on Death Beneficiary” form, and a certified copy of the death certificate to HCD.

The beneficiary of a vehicle or mobile home is responsible for providing the necessary forms and fees to the appropriate agency. They are also responsible for rent or payments due as well as fines or penalties that may be levied on the property. The beneficiary is also responsible for current registration and associated fees and may also sell, trade, or transfer the title to the property.

While California’s TOD processes for vehicles and mobile homes are relatively straightforward, expert advice may be necessary for certain situations. Mary Ann Tardiff, the Paso Robles estate planning attorney, can assist with designating TOD beneficiaries and making sure the transfer is completed as easily as possible.

An attorney for over 30 years, Mary Ann Tardiff is available during regular business hours, or other flexible times as needed by clients. She also makes house calls when the circumstances call for in-home appointments. Tardiff practices law in a down-to-earth practical manner that works for ordinary daily lifestyles. “I’m a person like everyone else who just happens to be an attorney,” says Tardiff.

After completing a B.A. at the University of California, Mary Ann attended the Santa Barbara College of Law, graduating with her J.D. degree in 1984. She was admitted to the California Bar Association in 1986. She has served as a commissioner on the Board of Parole Hearings for the California Department of Corrections, as a Judge Pro Tem and practiced law in Santa Barbara before moving to Atascadero. She serves and supports the local communities and all of San Luis Obispo County and Monterey County.

Her broad legal experience and commitment to down-to-earth, affordable and practical solutions for her clients make her a top choice to call for legal services.

Law Office of Mary Ann Tardiff
3540 El Camino Real
Atascadero, CA 93422
(805) 451-6683

-“Estate planning is an essential tool that can help protect elders from various forms of abuse, including financial abuse,” reports Atascadero estate planning attorney, Mary Ann Tardiff. However, with careful estate planning, seniors can minimize their risks and protect their assets and dignity.

As people age, they become increasingly vulnerable to financial exploitation and abuse, particularly from family members or caregivers who have access to their finances. One of the primary reasons why estate planning is so important for seniors is because it allows them to maintain control over their assets and affairs. By creating a will, trust, or other estate planning document, seniors can ensure that their wishes are followed and that their assets are distributed according to their desires. This not only protects their assets from being mismanaged or misused, but it also helps prevent family members or caregivers from taking advantage of their finances.

Another critical aspect of estate planning is the appointment of a trusted executor or trustee to manage and distribute assets according to the senior’s wishes. This individual can act as a watchdog to ensure that the senior’s assets are not mismanaged or misappropriated by unscrupulous family members or caregivers. The Atascadero estate planning attorney, who also advises and represents individuals in matters of elder law, is ready to assist senior citizens set up an estate plan.

Estate planning also allows seniors to plan for incapacity or disability. Many seniors are afraid of losing control of their lives, especially if they become incapacitated or disabled. However, by creating powers of attorney, health care directives, and other estate planning documents, seniors can designate trusted individuals to make decisions on their behalf and ensure that their wishes are followed.

Moreover, estate planning can help protect seniors from other forms of abuse, such as physical or emotional abuse. By creating a durable power of attorney, seniors can authorize a trusted individual to make decisions on their behalf, including removing them from potentially dangerous situations or abusive caregivers.

Unfortunately, scammers and fraudsters often target seniors who are vulnerable and easily susceptible to their tactics. With proper estate planning, seniors can put in place measures to prevent fraudulent activities, such as designating a trusted individual to oversee their finances or putting restrictions on their accounts to limit access.

In addition to the benefits mentioned above, the Atascadero estate planning attorney can also help seniors avoid probate and minimize taxes, which can help protect their assets and provide financial stability in their golden years.

Estate planning is a crucial tool that can help protect elders from financial and other forms of abuse. By taking the necessary steps to plan for the future, seniors can maintain control over their assets and affairs, appoint trusted individuals to manage their affairs, plan for incapacity or disability, and protect themselves from scams and fraudulent activities.

It’s never too late to start planning for the future and taking steps to ensure security and well-being. Mary Ann Tardiff is an experienced attorney who can advise on the most successful ways to achieve estate planning goals.

A properly established estate plan is one legal way to avoid probate court. California probate processes are activated when someone dies without a will or has a will and assets valued at more than $184,500, or the will is contested. The court distributes the assets according to state law, which may not be in agreement with your wishes.

An attorney for over 30 years, Mary Ann Tardiff practices law in a down-to-earth practical manner that works for ordinary daily lifestyles. “I’m a person like everyone else, but I just happen to be an attorney as well,” says Tardiff.

After completing a B.A. at the University of California, Mary Ann attended the Santa Barbara College of Law, graduating with her J.D. degree in 1984. She was admitted to the California Bar Association in 1986. She has served as a commissioner on the Board of Parole Hearings for the California Department of Corrections, as a Judge Pro Tem and practiced law in Santa Barbara before moving to Atascadero. She serves and supports the local communities and all of San Luis Obispo County and Monterey County.

Her broad legal experience and commitment to down-to-earth, affordable and practical solutions for her clients make her a top choice to call for legal services.

Law Office of Mary Ann Tardiff
3540 El Camino Real
Atascadero, CA 93422
(805) 451-6683

-Consumer protection covers a wide range of businesses and services and touches on just about every aspect of daily life. “Along with government agencies that oversee various businesses and professional services, there are state and federal laws that protect consumer rights and provide recourse when those rights are violated,” says Atascadero attorney Mary Ann Tardiff.

Consumer protection laws are designed to protect consumers from fraudulent business practices, faulty products and other actions on the part of businesses that bring harm of any kind. From the neighborhood convenience store to banks, professional services and even how the power company treats its customers are all covered by laws to protect the consumer. There are government agencies that oversee businesses and filing a report with the appropriate agency is often the first step to getting some satisfaction when someone feels their rights as a consumer have been violated.

Finding the appropriate agency can be confusing and it’s important to have all kinds of information ready before filing the complaint. A summary of the situation is necessary, along with copies of receipts, letters, email and text messages, the name and address of the business, the names and titles of people you spoke with and records of the dates, times and details about the discussions.

It’s no wonder so many people don’t follow through and get the justice they deserve. The Atascadero attorney believes that every consumer who is standing up for their rights is entitled to the best assistance possible. Tardiff’s goal is to streamline the process so that offended consumers receive the justice they are due.

Consumer protections fall into many categories including:

• Banks and financial institutions.
• Credit card companies.
• Environmental issues.
• Product quality and safety, including food, medications, vehicles, sporting equipment and toys and more.
• Malpractice.
• Credit accounts, credit reporting and debt collection.
• Predatory business practices.
• Deceptive business practices.

From trying to return a faulty television to the local department store, trying to return the lemon to the auto dealership, losing thousands of dollars to a predatory business, or being injured, there comes a point when the offended consumer needs the assistance of an experienced attorney.

“When you feel your rights as a consumer have been violated,” says the Atascadero attorney, “sometimes a phone call to the right person is all it takes to make things right.” When a sales clerk refuses to exchange the faulty television, just talking to the manager may be all that needs to happen. “Reaching out to the right person is often all it takes,” says Tardiff, “and sometimes a phone call from an attorney is all it takes to solve the problem.”

Tardiff has the following tips for those who feel they have been defrauded or harmed:

• Take photographs of the products.
• Download and keep any advertising regarding the product or service.
• Keep records of whom you contact, the date and time and the conversation.
• Keep all receipts.
• Make a chronological list of everything you have done regarding the matter.
• Keep all medical records if applicable.
• Get copies of any police reports.
• Be as clear as possible about how you want the matter resolved.

For some consumer rights matters, it’s important to work with a knowledgeable attorney. Wading through the myriad regulatory agencies that oversee various industries to find the right set of laws and the right agency can be discouraging. As an example, when a bank causes a depositor to lose money, it’s not as simple as picking up the phone and filing a complaint. Banks in the United States are regulated at both the federal and state levels and depending on the bank and how it is organized and structured, it may be subject to more than one regulatory agency.

Mary Ann Tardiff has been an attorney for over 30 years. Her vast experience as an attorney, Commissioner, and Judge Pro Tem, as well as her dedication to providing affordable and timely legal services, make her an ideal choice when seeking legal services.

Law Office of Mary Ann Tardiff
3540 El Camino Real
Atascadero, CA 93422
(805) 451-6683

-The Law Office of Mary Ann Tardiff recently announced new fixed fees for estate plans. The Atascadero-based attorney provides estate planning, wills, and trusts to Paso Robles, Atascadero and the California Central Coast.

Fixed fees, along with making house calls, are part of Tardiff’s common sense approach to her law practice. Practicing law for over 30 years, Tardiff emphasizes working with people’s daily lifestyles. “People have lives that don’t always fit into normal fee structures or even the 8–5 office structure,” said Tardiff. “Fixed fees are a down-to-earth way to help my clients take care of important estate planning. So is my house-call service. I’m a person like everyone else, who just happens to be an attorney.”

“Why do I need an estate plan? I’m not rich,” is the response from most people when the topic comes up. However, wealth isn’t a requirement for an estate plan, and many are surprised to discover how much value their possessions are actually worth. Anyone who has assets that are worth more than $184,500 total needs a will and trust if living in Paso Robles or anywhere in California.

In California, when someone dies, leaving an estate valued at more than $184,500 that is not included in a trust the California Probate Court distributes assets according to state law, regardless of someone’s wishes. Anyone who owns real estate in California has an estate worth more than $184,500, even if the only property is the old family home that was purchased in the 1960s.

A will alone can be contested, drawing out legal proceedings for months or years, and there is no guarantee the decedent’s wishes will be honored. Since there is more to an estate plan than just deciding which relative gets which assets, it’s even more critical to set up an estate plan that includes a trust and a will. The trust makes sure that important matters are carried out according to the decedent’s wishes, including:

• Guardianships for minor children or dependent adults
• Beneficiaries of insurance policies
• Disposition of personal property, including the family home and any other real estate
• Care for pets
• Living will, or Advanced Health Care Directive (AHCD), which specifies health care in the event of serious or life-threatening injury and end-of-life wishes.

One of the benefits of an estate plan is to legally avoid probate and make sure that assets are distributed according to one’s wishes upon that person’s death.

Whether you are a young person starting out, a family, or a senior citizen, Mary Ann Tardiff can help you with an estate plan, will and trust in Paso Robles or anywhere on the Central Coast that is appropriate to your circumstances or make changes to an existing trust.

Mary Ann Tardiff is an experienced attorney who can advise you on the most successful ways to achieve your estate planning goals. Through detailed analysis, Mary Ann can:

• Inventory all of your assets
• Assist with retitling of assets and preparing deeds and transferring those assets so they are properly held in your trust
• Establish guardianship for minor children, dependent adults who rely on your care and even beloved pets
• Assist with setting up college funds
• Make sure favorite philanthropic causes are included in your estate plan
• Draft a will
• Assist in preparing the AHCD
• Provide guidance for power of attorney related to wills, living wills and trusts
• Establish trusts and other legal entities beneficial to the estate

Law Office of Mary Ann Tardiff
6907 El Camino Real, Ste A
Atascadero, CA 93422
(805) 451-6683

Mary Ann Tardiff is the estate planning attorney in Atascadero assisting with wills and trusts. She is knowledgeable about state and federal laws that affect estates and experienced in creating estate plans that protect estates in the best interest of the estate owners and their beneficiaries. She is the legal professional to see for help with setting up a will and a trust as well as all of the other estate planning issues. An estate planning attorney assists with:

• Creating a will and designating beneficiaries.
• Creating an Advanced Health Care Directive (ACHD) and the associated health care durable power of attorney, as well as a durable power of attorney designating someone to take care of financial matters in the event you are unable to do so.
• Setting up trusts to protect your assets for you during your lifetime and for your beneficiaries after your death.
• Finding ways to reduce and avoid taxes.
• Avoiding probate court.

Creating a will and trust involves more than just filling out paperwork. It might seem like an easy thing to just download forms from the Internet, fill them out and sign them, but there is much more to creating a will and a trust than generic forms can address. Estate laws vary from state to state and knowledge about state laws is important as is knowledge about federal tax and inheritance laws.

For example, if someone lives in California, but has real property in Nebraska, that property is subject to Nebraska’s probate and estate laws. The will and trust need to make the correct provisions for that property under Nebraska’s laws. Working with a professional when setting up a will and trust, like Atascadero’s Mary Ann Tardiff makes sure things are done correctly. You have access to a specialist who can answer your questions, and:

• Is knowledgeable about estate planning laws.
• Creates an individualized plan, including a will and trust that are tailored to your specific needs.
• Answers your questions and offers valuable legal advice for your unique circumstances.
• Makes sure your will and trust are legally enforceable.

Even those who think they have nothing of value are surprised to learn that do have assets of value. In California, any estate that is valued at more than $184,500 is subject to probate court proceedings when someone dies without a trust and a will. A will alone is not enough to avoid probate court, but a correctly established trust is not subject to probate court.

A trust is rarely vulnerable to legal challenges from disgruntled heirs, whereas a will alone and probate proceedings are. Creating a will and trust with the help of Atascadero’s Mary Ann Tardiff is insurance that your wishes will not be contested.

Call today and get answers for:

• Do I need a will? 
• Why do I need a trust if I have a will? 
• I already have a will, why do I need a living will? 
• How do I make sure my children are taken care of? 
• How do I change my will or trust?
• And many more questions…

Someone doesn’t have to be rich or old to have an estate plan. Most adults have more assets than they realize and Mary Ann Tardiff, the Atascadero estate planning attorney recently released the answers to the most commonly asked questions about estate plans.

Some of the most common questions people ask when the subject of estate plans comes up in a conversation include:

• “Why do I need an estate plan? I’m not old.”
• “I don’t have anything, why do I need one?”
• “How do I get started?”
• “How do I change the estate plan if something happens?”

 “Most of us don’t realize how much we have in assets until we sit down and start making a list. Age has very little to do with it,” said Tardiff. For example, a young, single professional may have a retirement plan and a life insurance plan with his or her employer. This person may also have other assets such as an investment account, a checking and savings account, a few inherited pieces of nice furniture, some jewelry, a mountain bike, or a pet. What happens if this person becomes incapacitated or dies? Who gets the benefits of the retirement plan and insurance? Who takes care of the pet or inherits the heirloom furniture, jewelry, or expensive bicycle? Who can make decisions on this person’s behalf and pay the bills in the event of incapacitation? The Atascadero estate planning attorney can provide the legal guidance to make sure all the assets are protected and distributed as the individual wishes.

At a minimum, an estate plan includes a will, an Advanced Health Care Directive (AHCD) and appropriate powers of attorney designating who can make health care and end-of-life decisions and who can have access to personal funds to pay bills while the individual is still alive. Depending on the total value of the estate, a trust may be advised as well.

In California, assets over $184,500 are subject to probate if the individual dies without a will and a trust. Even if the person dies with just a will, any estate valued at over $184,500 is still subject to probate proceedings. The probate court is not obligated to follow the decedent’s wishes as they are set down in the will, however, when the assets are in a trust, the estate bypasses probate.

California Probate Code specifies an order of inheritance if there is no will or if the will is contested. For example, if the expensive mountain bike was intended to be given to a favorite niece but there is no will or trust, the bike might be given to a parent or sibling and, depending on family dynamics, the relative with the bike might not give it to the intended person. The same thing can happen with investments, furnishings, a home if one owns a home, and other assets.

Starting an estate plan at any age is the foundation for the future as more assets are accumulated. It’s easier to add assets to an existing plan than to sit down and try to list everything that has been acquired over a span of many years.

Estate plans can be modified at any time and there are certain life events that mean a review is in order:

• Getting married or divorced.
• A new job or a promotion.
• Buying new real estate.
• Adding a child to the family.
• Setting up guardianships for dependent children or dependent adults.
• College funds for the children.
• Collections such as art and jewelry are assets.
• Additional retirement funds, insurance policies and investments.

Mary Ann Tardiff assists clients with assessing their estates and setting up complete estate plans. A well-organized estate plan and trust bypass probate and makes sure that the estate is managed and distributed according to the decedent’s wishes upon death. A revocable trust remains under the control of the individual as long as he or she is alive. Beneficiaries can be added or changed. Assets can be added or removed and any other changes made.

A consultation with the Atascadero estate planning attorney is the way to get started. Every question is answered and you receive a thorough understanding of the benefits of an estate plan.

A revocable trust is created during your lifetime and you are in complete control of the trust, assets in the trust, and other matters regarding the trust as long as you are alive. This means you can add assets, sell or gift assets, change beneficiaries, or make any other changes you want. Mary Ann Tardiff, the Paso Robles estate planning attorney, has summarized the important points about creating a revocable trust.

There are many benefits to having a trust and those include:

• Avoids probate and makes sure that your final wishes are carried out. A will alone, or dying without a will and a trust means there is a good chance the probate court will handle your estate and the outcome may not be as you specified in your will. In California, any estate valued at more than $184,500 is subject to probate proceedings when someone dies intestate, meaning without a will or trust.
• A revocable trust ensures the privacy of the estate, assets, and distribution of assets. Probate proceedings are not private and are a matter of public record.
• Provides some protection from creditors for the beneficiaries.
• May reduce state estate taxes for beneficiaries living in states with estate taxes.
• May reduce income tax for beneficiaries on some assets.
• Guarantees that your wishes are honored and assets are distributed as you specify.

Not just for the wealthy

Revocable trusts are not just for the wealthy. Most of us have more assets than we realize until we sit down with an estate planning attorney and start itemizing what we have and whom we want to inherit each asset. Just owning a home, even the family home purchased in the 1960s is an asset that could wind up in probate without a trust.

Of course, it is possible to give items away during your lifetime to make sure the right people get them. This is frequently done and is perfectly acceptable, but what about those assets you keep? If you want the family home sold and the proceeds divided up among surviving children, a trust makes sure that happens.

What if you have dependent parents or a dependent adult child who relies on you for their care? A trust makes sure they are cared for. A trust can also make sure young children are cared for in the event both parents die at the same time.

These are only a few of the reasons to set up a revocable trust. A meeting with the Paso Robles estate planning attorney is going to provide even more convincing reasons.

How to set up a trust

with an estate planning attorney who will provide a list of information you need to supply, such as the assets to fund the trust, beneficiaries who are to receive specific assets, disposal of certain assets, such as selling real property and distributing the money, and more. The attorney: 

• May have some advice to help you manage the trust and assets, and will explain what happens upon your death.
• Will prepare all of the trust documents, including a will, Advanced Health Care Directive (AHCD), certain powers of attorney for health care and managing your finances in the event you are unable to care for yourself.
• Make sure all of the assets are transferred correctly into the trust.
• Help you select and assign successor trustees, beneficiaries and successor beneficiaries.
• Advise you about how to add or remove assets or make other changes to the trust.
• Answer your questions.

Work with an expert

Whether you are a young person starting out, a family, or a senior citizen, Mary Ann Tardiff can help you set up a trust that is appropriate to your circumstances or make changes to an existing trust.

The Paso Robles estate planning attorney has been providing legal services and solutions for over 30 years. Mary Ann Tardiff focuses on Small Business Law, Estate and Elder Law, and Consumer Rights. Her vast experience as an attorney, Commissioner, and Judge Pro Tem, as well as her dedication to providing affordable and timely legal services, make her an ideal choice.

Call today!

–Mary Ann Tardiff, a Paso Robles estate attorney, has made a commitment to provide down-to-earth, practical and affordable solutions for her clients and one unique thing she does along those lines is make house calls. An attorney for over 30 years, Tardiff believes that making legal services as accessible as possible go a long way towards solving a lot of problems for ordinary daily lifestyles.

“I’m a person like everyone else,” says Tardiff. “I just happen to be an attorney.” Clients are always welcome in her law office, but Tardiff also understands that it’s not always easy for someone to take the time off work, or find a caregiver for an elderly parent, or even a babysitter.

All it takes is a phone call to the Law Offices of Mary Ann Tardiff to arrange for a house call either during the day, after hours and even on weekends under certain circumstances.

The broad legal experience of the Paso Robles estate attorney mean that Mary Ann Tardiff can serve a variety of legal needs, especially matters of estate planning, wills and trusts, elder law and family law. Sometimes timing is very important when decisions are needed about a trust, will, advanced health care directive (AHCD) or power of attorney. Meeting a client in need at a convenient location can help speed up the legal processes and avoid critical delays.

Whether a young person starting out, a family, or a senior citizen, a trust that is appropriate to the circumstances can be a source of peace-of-mind. Mary Ann Tardiff can help set up a new trust or make changes to an existing trust. A properly established trust is one legal way to make sure wishes about end-of-life care or how an estate is preserved and distributed are carried out. A trust legally avoids probate court and spares surviving family the concerns and decisions about distributing an estate’s assets.

Estate planning isn’t the only matter where a house call is convenient. Meeting at convenient locations to have documents signed so they can be filed and processed quickly serves the best interest of any client in any matter.

House calls can be of benefit for a wide variety of matters, including:

• Initial consultation
• Signing documents
• Drafting a will, completing a AHCD and powers of attorney
• Advice about legal matters
• Reviewing contracts and other legal documents
• Setting up a business and business entity
• And more

The Paso Robles estate planning attorney is available for consultations in her office during regular business hours or other flexible times as needed, including house calls.

After completing a B.A. at the University of California, Mary Ann attended the Santa Barbara College of Law, graduating with her J.D. degree in 1984. She was admitted to the California Bar Association in 1986. She has served as a commissioner on the Board of Parole Hearings for the California Department of Corrections, as a Judge Pro Tem and practiced law in Santa Barbara before moving to Atascadero. She serves and supports the local communities and all of San Luis Obispo County and Monterey County.

Law Office of Mary Ann Tardiff
3540 El Camino Real
Atascadero, CA 93422
(805) 451-6683

Senior citizens have needs that are more than concerns about Social Security and health care. The Law Offices of Mary Ann Tardiff, the Atascadero attorney, recently released a list of concerns that seniors frequently face these days.

Today’s seniors are vital and healthy for much longer than their parents or grandparents. Living longer and being able to do more means there are more social challenges for living the good life. Along with those social challenges, the challenges of safe living situations, health care, accessibility, and all forms of elder abuse are, sadly, still with us. Mary Ann Tardiff is committed to working with elders and their families to help seniors be safe, healthy, and productive and care for their estates and their families.

Let’s take a look at some of the top concerns for today’s senior citizens:

• Age and job discrimination: Just because someone celebrates their 65^th birthday doesn’t mean they are ready to settle down. The U.S. Census Bureau reports that seniors 55 and over make up nearly 20% of the workforce. While financial concerns may influence the decision to continue to work, there are many other contributing factors. Seniors today have valuable knowledge, education, skill, life and professional experience, energy, and a work ethic to bring to any employer. Those skills and experience are priceless but not every employer has the same opinion about the value of years of experience, education, and perfect skills. Age discrimination in the workplace is a real issue. Not only does that discrimination deprive a business of needed skills and experience, but it also threatens the individual’s financial situation and sense of personal worth and, it’s illegal.
• Social Security, Medicare, and Medicaid benefits: In most circumstances, signing up for and using these benefits are trouble-free. Once signed-up, payments and services are automatic. But, there are those occasions when someone at the governmental level makes a mistake or a decision based on wrong information and a nightmare starts. A legal advocate such as the Atascadero attorney, Mary Ann Tardiff, can cut through the government red tape.
• Estate planning: Seniors who have built up any kind of holdings, even if it’s just the family home, are going to be well-served by an attorney who is fully versed in California laws for estate planning, trusts, wills, and probate. Trusting that heirs won’t fight over an estate, or that a will alone will guarantee your wishes are carried out after your death, are not the best estate planning strategies. As of 2022 in California, any estate valued at more than $184,500 that is not in a trust, or has certain Transfer on Death (TOD) provisions filed, is subject to probate. A will alone may or may not have a bearing in probate court. Most of us have more estate value than we think we do. The family home is only part of the estate. Retirement accounts, insurance policies, personal belongings such as jewelry, art collections, and even vehicles are all part of the estate. These days, we can think we are poor, but the probate court may see it differently.
• Living wills: We can tell our children what our end-of-life wishes are, but there’s no guarantee those wishes will be honored. A living will, also known as an Advanced Health Care Directive (AHCD) and associated powers of attorney (POA) for finances and health decisions are the best way to make sure health care, financial, and end-of-life wishes are honored.
• Eldercare: We can say to our children, close relatives, and friends that we wish to age at home, or describe the kind of elder care we want, but, again, there’s no guarantee those wishes will be honored.
• Elder abuse: Elder abuse is more than many think. Some of the aspects of elder abuse are subtle, resulting in trusting seniors losing their homes and savings. Some elder abuse is physical abuse. Some abuse takes place in senior living facilities and, saddest of all, some elder abuse takes place at the hands of family. Many local agencies have departments that focus on senior abuse issues. Anytime elder abuse is suspected file a report with the police and with the local senior or adult services department. The senior who is being victimized may also need a legal advocate, meaning it’s a smart move to reach out to the Atascadero attorney, Mary Ann Tardiff.  

Assisting families with elder care issues

Family members are often the first to notice changes in an elder’s behavior. Memory loss, falling, a serious illness, forgetting to eat or pay bills, and changes In hygiene habits may mean the elder is no longer able to take proper care of himself and it’s time for the family to intervene. 

The elder may be uncooperative to the point he or she is a danger to self. They may be making unsound decisions about health or finances. Another relative or a caretaker may be taking unfair advantage or even physically harming them. 

Mary Ann Tardiff helps senior citizens and families reach the most appropriate decisions about elder care and safety, including assisting with any necessary court proceedings. 

If you or a family member need assistance with a senior welfare issue, call Mary Ann Tardiff today.