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New Deed Available to Homeowners in California: The Transfer on Death Deed

As of January 1, 2016, California homeowners are able to create a deed that includes beneficiaries. California is the 25th state to allow this type of deed. Text of the new law is contained in Probate Code §5642 to §5644. The Bill that created the law is AB 139. Full information about the legislation is available here. While the idea behind the law is to allow a homeowner to transfer property without probate, the details of this particular law are complex. As with any complex legal issue, it is advisable to discuss this issue with an attorney. Here are a few notes on the use of the Transfer on Death Deed: Must be signed, dated and notarized by the transferor Must be recorded within 60 days of execution in the county where the property is situated Beneficiary receives stepped up cost basis for tax purposes Does not protect against SSI or Medi-Cal claims Applies to one to four residential dwelling units, condominium units, or not more than 40 acres...

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Recent Scams!

Click on each of the links below to familiarize yourself with recent scams targeting seniors in San Diego: US Treasury Tax Voucher Phone Call Fraud AutoTrader Paypal Scam Phony US Treasury Grant Offer by Phone Fraudsters Learning Not to Fear Rickard’s “Day After Plan” Say No to The “Note of Appearance in Court #” Scam Not-So-Secret Ugly “770 Account” Swindle...

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Sheriff’s Department Warns of “Warrant” Scam

It’s a startling phone call you could receive: “There’s a warrant out for your arrest.” A scam going on right now in San Diego County hopes that fear will cause you to act without thinking. These scams are currently telling victims that a warrant for their arrest has been issued due to a failure to pay taxes or to appear for jury duty, but may entail other false threats. The caller is very pushy and poses as an employee of the Sheriff’s Department. To make the pitch very convincing, the scammer will: • use the name of an actual Sheriff’s Department employee • give the actual telephone number of a Sheriff’s Station or Substation • have some of your personal information such as a former address or your date of birth • threaten you with jail time or taking away your driver license • ask for more personal information • ASK FOR MONEY either with a credit, debit or prepaid card Recent cases in the East County have involved...

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Tony Chicotel: The Inappropriate Use of Chemical Restraints in Nursing Homes

Nursing homes are using dangerous drugs “off label” to keep patients and residents docile. The FDA has warned against this but it continues to be a common practice. In some instances, this practice constitutes elder abuse. Attorney Tony Chicotel has been working to end this terrible practice. In this video, he discusses why it is happening, just how widespread it has become, and what we can all do to stop it. Links mentioned in the video: CANHR Campaign to Stop Drugging Toxic Medicine Guidebook CANHR.org Facility-Specific Drugging Data Stop Drugging Our Elders Blog Tony Chicotel on Chemical Restraints in Nursing Homes Posted by Jaime...

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Pilot Program: Client Interviews Via Online Video Conferencing

The Senior Legal Services program of Elder Law & Advocacy will be offering a video conference option to clients with certain case types on a trial basis. “We want to make our services as convenient as possible for our clients,” said Director of Legal Services Jaime Levine. “Some of our elderly clients would like to see an attorney, but traveling, even to a local senior center, can be...

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Neighbor Disputes: Try to Settle Things Amicably

We see many many neighbor disputes in this office. Often those disputes escalate from something relatively trivial, into long-term, vicious battles. More often than not, those long term escalating disputes have more to do with personality differences, than with serious underlying legal problems. Most people naturally try to maintain good relations with neighbors. Unfortunately, that is not true for everyone. If you do find yourself in a dispute with a neighbor and it seems to be headed in the direction of a battle, rather than in the direction of resolution, it is advisable to speak to someone who has experience with these situations. Often, the involvement of a neutral third party can be useful. Sometimes the issue is communication, and having someone involved who is not emotional and can give parties some perspective on what is at stake, can be valuable. The bottom line when it comes to neighbor disputes is that you do ultimately want good relations with people you see on a regular basis and who live...

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