Berge & Berge, LLP Blog

Sunday, May 7, 2017

8 “Red Flags” of Potential Financial Elder Abuse

Q: What signs should I look for if I suspect financial elder abuse?

California elder abuse lawyers have noticed a rapid increase in not only the size of the elderly population over the past few decades, but also the number of ways vulnerable senior citizens can become victims of elder abuse. While proper trust and estate planning can prevent most instances of financial elder abuse, there will always be unscrupulous characters that prey on our senior citizens.

Elder abuse can take several different forms.

Read more . . .

Monday, April 17, 2017

What Constitutes Elder Abuse in California?

As a family member or loved one gets older, it can be more challenging to make decisions regarding their health and safety. Sometimes, the best option is to have the person reside in a facility and/or have their wellbeing entrusted to outside caregivers.

It is estimated that there are millions of cases of elder abuse that go unreported in the United States each year. Elder abuse is considered a serious offense and can occur to just about anyone.

However, many instances of abuse are hidden and occur at the hands of trusted people like a family member, child, or a caregiver.
Read more . . .

Friday, March 31, 2017

No One Puts Granny in the Corner—or Steals Her Money

Q: What forms of abuse are elders vulnerable to?

Unfortunately, elder abuse is alive and rampant in California and throughout the country, with people seemingly everywhere ready to prey on unsuspecting, vulnerable seniors.

A recent San Francisco arrest sounds like something straight out of Dirty Dancing.

Fans of the iconic movie set in a fictional 1950s Catskills area summer resort may remember the Schumachers –a resort-hopping, serial-wallet-lifting couple who stole wallets from unsuspecting guests at Kellermans, the Sheldrake, and countless similar resorts from Florida to Arizona before being arrested.
Read more . . .

Thursday, March 16, 2017

What Happens To My Business When I Die Without A Business Succession Plan?

When we are young and healthy, it usually doesn’t occur to us to prepare for life after we’re gone. While business succession planning may not be at the top of your list of things to do this week, a quick thought about how your family and valued clients will be affected once your gone might give you pause.

If you own a business, especially in a professional capacity, you have a duty to your clients to plan how your business will be handled once you pass.
Read more . . .

Friday, February 17, 2017

What Types Of Special Need Trusts Are Available To Me?

Special needs trusts provide a way for you to safely transfer funds to a loved one without threatening his or her ability to receive government benefits such as Social Security and Medicaid. These types of trusts can be set up so that it operates while you are alive or begins once you have passed. There are a lot of factors to consider during the special needs planning process, so it helps to have an experienced special needs planning lawyer at your side to avoid problems.

Read more . . .

Saturday, February 11, 2017

Filing for Bankruptcy as a Senior: When Does It Make Sense

Is a Chapter 7 or Chapter 11 Bankruptcy a Good Solution for Debt-Burdened Retirees?

For elderly people who have spend their lives paying their bills, filing for bankruptcy in their golden years may seem inconceivable, even abhorrent. In many cases, it may not be the right strategy. But there are circumstances when a bankruptcy filing has advantages. For someRead more . . .

Tuesday, January 24, 2017

Update Your Beneficiary Designations in 2017

When should I update my beneficiary designations?

For those of you who have taken the leap into estate planning, congratulations! Hopefully, you've created a will or revocable living trust, perhaps an irrevocable Medi-Cal trust, as well as advanced medical directives such as a healthcare proxy and a living will. But your work is not done yet. In fact, now that the new year is here, it is essential to ensure your estate plan stays up-to-date.

Read more . . .

Monday, January 16, 2017

When Looking For Long-Term Care, Do Your Homework

What steps should you take when seeking a nursing home?

When Laura Rees looked for a long-term care facility for her elderly mother, she relied on the advice of the San Francisco Hospital where her mother had just had hip surgery. The hospital recommended a nursing home with the same name as the hospital, California Pacific. The hospital had provided excellent treatment and assured her that her mother would be in good hands there.

Read more . . .

Wednesday, December 28, 2016

Finra proposes rule to prevent elder financial abuse

What could this new rule mean for our elderly loved ones?

Financial elder abuse is far more common than we can really know and can lead to devastating consequences. Because our elderly population can often become targets of unscrupulous individuals, we need to be as vigilant as possible to proactively protect our elderly loved ones.

The Financial Industry Regulatory Authority, Inc. (“FINRA”) is trying to do its’ part to help protect our senior citizens and younger adults with cognitive or physical disabilities from financial abuse. FINRA has proposed a new rule with the Securities and Exchange Commission (“SEC”) that allows financial brokers to report suspected

Read more . . .

Tuesday, December 13, 2016

Lawsuit Highlights Discrimination Against LGBT Seniors

Can elderly LGBT residents of senior living centers sue over discrimination or harassment based on gender identity or sexual orientation?

A recently filed federal lawsuit accuses managers of a residence for seniors of turning a blind eye toward mistreatment of one of its lesbian residents.  

The 69-year-old plaintiff had moved into the senior living facility after her partner of 30 years succumbed to cancer. When residents learned that she was gay, she was subjected to insults and physical abuse.

Lawsuit Could Change How Senior Living Centers Treat Gay and Transgender Residents

According to papers filed in her lawsuit, the management failed to protect the plaintiff even after she was shoved, spat upon, and assaulted. Administrators allegedly not only failed to protect her but also retaliated against her because of her complaints and tried to get her evicted.

Read more . . .

Monday, November 21, 2016

What happens to your mortgage when you die?

We’ve lost a lot of legends this year, from David Bowie, Natalie Cole to Prince. And while it may seem fairly normal for a Regular Joe to die without a will, it seems really strange to find out that stars like Prince, someone with an all-access pass to consultants and attorneys, would die intestate.

The world was shocked to learn that Prince didn’t have a will and that his remaining family members were fighting over his estate in Paisley Park. What will become of his estate remains to be seen, but it will likely be passed on under the laws of intestacy for Minnesota, where Prince’s

Read more . . .

Archived Posts


Estate Planning and Elder Law News

© 2019 Law Offices of Berge & Berge LLP | Disclaimer
1101 S. Winchester Blvd, Suite I-208, San Jose, CA 95128
| Phone: (408) 389-6980

The LifePlan Program | Estate Planning | Estate Tax Planning | Business Succession Planning | Probate / Estate Administration | Elder Abuse/Conservatorships | Trust and Estate Planning | Public Benefits | Special Needs Planning | Trust Administration | | About Us | Forms | Resources

Law Firm Website Design by
Amicus Creative