- Divorce
- Adoption
- GuardianshipRosalind Kovacs (Roz) has been in the legal field since 1989 advancing from receptionist to paralegal, with experience in various practice areas including conservatorships, guardianships, probate, trusts, estate planning, family law, civil litigation, bankruptcy, and minor criminal matters. She grew up in a family-owned restaurant which gave her exceptional customer service skills. She enjoys client interactions and providing the best experience possible.
- Criminal Defense
- Personal InjuryAnna Celiceo has over seventeen years of experience in the legal field. Her experience at other firms includes personal injury, bankruptcy, and family law. Anna has been a member of the team at San Diego Elder Law Center for twelve years.
- Social Security DisabilityYes. Whether or not they make sense depends on the facts of each case. Good special needs planning always begins, however, with analyzing the nature of the public benefit program, and whether assets are even counted in eligibility determinations. For example, Social Security Disability Income (SSDI) does not count assets for eligibility determinations, while Supplemental Security Income (SSI) does. If the receipt of assets is a problem under the beneficiary’s program, often the purchase of “exempt” assets not counted under the program rules is a cost-effective alternative. We try and help our clients avoid special needs trusts if possible, and make the best choices on types and terms if not.
- Estate PlanningAt San Diego Elder Law Center, we handle all probate and estate administration needs of our clients. We are knowledgeable in how to promptly pass property, when possible, without costly probate proceedings. In many cases, we can use “summary” proceedings avoiding formal probate. If a formal probate is necessary, we can handle it efficiently and quickly. We are experienced in representing executors, administrators, and beneficiaries who wish to make sure their rights are being protected. The cost of a formal probate is set by law, and is the same for an experienced specialist and an attorney handling their first matter. The wise consumer therefore looks for good credentials and experience. CONTACT US to help you ensure the estate is settled promptly and properly.
- Wills
- TrustsA “Special Needs Trust” for a family member with a disability can be incorporated into a general family estate plan, or drafted as a separate trust to encourage broad family support and contribution. These are often referred to as “Third Party” Special Needs Trusts, as they are established by someone other than the beneficiary or their spouse. The most common scenario would be a parent establishing one for a child, but any friend or family member can establish and fund a special needs trust. We can also help make sure that other family members, such as grandparents, know what language to have in their plans to provide for their special needs grandchild. Such family coordination can be critical to avoid any problems or disruption of benefits, and to assure best results for the family member with disability. We unfortunately often see “special needs trusts” drafted with potentially disqualifying language by those unfamiliar with SSI, Medi-Cal and other program regulations. Make sure your attorney is experienced with special needs trusts and benefits program regulations.
- Power of AttorneyNo authority in powers of attorney for “Medi-Cal” or VA planning. Contrary to popular belief, a general durable power of attorney is not enough. These powers must be spelled out.
- ProbateAttorney Philip P. Lindsley is a widely recognized elder and disability law attorney, and one of few Certified Elder Law Attorneys (CELA) in San Diego County. This specialization is accredited by the American Bar Association and the State Bar of California. Mr. Lindsley is also a State Bar of California Certified Legal Specialist in Estate Planning, Trust and Probate Law, and an Accredited Veterans Administration Attorney. He has been rated AV “Preeminent” by Martindale Hubble and a “SuperLawyer,” both based on peer reviews. His experience rating on AVVO is “Superb” with a perfect 10. His practice is limited to Medi-Cal, VA, and asset protection planning, special needs planning, estate planning, conservatorships and alternatives, Life Care Planning, and probate and estate administration. He is licensed to practice in California and has been honored by election to the Bar of the Supreme Court of the United States of America.
- Bankruptcy
- Tax Law“A/B” trust provisions requiring division of assets upon death of first spouse. Such language usually serves no useful purpose under existing tax law, but it can block any effective benefits planning for the funds transferred under the “A/B” provisions.