Denis Clifford

Caring.com Expert

About

Denis Clifford is a lawyer specializing in estate planning. A graduate of Columbia Law School, where he was an editor of the Columbia Law Review, he has practiced law in Berkeley, California, since 1968. He is the author of many books, including:

He has written extensively about estate planning in books and in publications such as the San Francisco Chronicle. He has also taught numerous seminars about estate planning to lay people. His experiences have convinced him that people can understand their own estate planning, and that it's a lawyer's job to facilitate that understanding.

Clifford worked for Legal Services (lawyers for poor people) in Oakland, California, for six years. He has also been a law professor and has made frequent media appearances to discuss estate planning.

Recently Published on Caring.com

  1. Wednesday November 11, 2009

    1. Are stepchildren entitled to a surviving spouse's assets?

      Answer - Whether your stepmother's children have any rights in the "joint checking account" depends on matters I am not completely clear about. You state that her children are asking your father "if they receive half of a joint checking account they shared". I'm uncertain who the "they" are who did the sharing...

  2. Monday November 02, 2009

    1. Will money Dad left behind automatically go to my mother?

      Answer - Assets discovered after a death go to whoever is the legal owner of them. It's not clear who would be the legal owner of any bank accounts in your father's name that you discover. You state that you have not filed for probate. Did you father leave a will? If he did, whoever he named in his will to receive his property would be the legal owner...

    2. Can we change the named executor of a will?

      Answer - You can change the executor of the will easily, if your eldest brother agrees that he does not want the position. He can simply sign a document stating that he does not wish to become executor. Then you would sign a similar document. This would mean that your sister became executor.

    3. Should we divide or own the property jointly?

      Answer - I don't have sufficient information to give an opinion regarding dividing the farm between you and your brother. You believe that if you don't divide the farm now, someone will get hurt. Your brother believes that if you do divide the farm now, someone will get hurt. I don't know what harm either of you refers to, or why either thinks that might occur...

  3. Friday October 23, 2009

    1. Can I buy the house if I have POA?

      Answer - You can legally buy a house when you are the owner's POA health care agent—if you pay the fair market price for the house. As agent, you have a duty of loyalty to the principal—here, your former fiancee's mother. That loyalty naturally means that you cannot take advantage of her by buying the house at a discounted, below-market price...

    2. How can my sister stay in the house Mom had a reverse mortgage on after Mom dies?

      Answer - The bank holding the reverse mortgage will want, and be legally entitled to, repayment of the money it is owed under that mortgage. Your sister needs to determine how much money is owed to the bank. Then the question becomes how she can pay that money to the bank. This would depend on:

  4. Monday October 19, 2009

    1. Who should get the house - son or stepmother?

      Answer - Inheritance of the home depends on who it is left to when the owner dies. If your father in law does not write a will, inheritance of the house will be governed by South Carolina law (called the "Intestate Law."). I do not know the details of that law...

  5. Thursday October 15, 2009

    1. Can we get the life insurance to pay up anyway?

      Answer - Whether a life insurance policy covers death by suicide depends on the terms of the policy. If the policy does not refer to suicide, you should be able to collect. However, if the policy provides that no payment will be made if the insured died by suicide, that probably ends things...

    2. Does the power of attorney form need to have both parent's names on it?

      Answer - Each of your parents should sign a separate power of attorney form. A form in you dad's name, signed only by him, does not validly give you authority to handle your mother's affairs.

    3. Does the house still go to me even though he remarried?

      Answer - Maine does not have community property law. Maine has what is called a"common law" system. Under that system each spouse in a marriage owns the property that is held in his or her name. The fact that your stepfather remarried does not by itself automatically give his new wife any rights in the home.

  6. Monday October 05, 2009

    1. How can I find out about a will from abroad?

      Answer - Your are in a very difficult situation. To find out about handling an inheritance when you live abroad is not easy. Do you know if there was a probate proceeding filed for your father's will? If there was a probate proceeding, there will be a court record of the will assets. But to locate that proceeding, you need to know the county in the U...

    2. My mother has severe dementia, she has good days and bad...

      Answer - You cannot get a legally valid power of attorney without your mother's consent. You want her to agree to and sign what's called a "durable power of attorney for finances."[DPA] It's called "durable" because the person appointed agent (you) can continue to represent and act for the principal (your mother) even if she is incompetent...

    3. How does a prepayment cremation work?

      Answer - I'd be wary of a "prepaid cremation" plan. I have no knowledge of the Smart Cremation comp[any, and make no judgment about it. But no "guarantee" now can insure that any company, including a cremation company, will remain in business years from now. Further, I do not understand the meaning of having a portion of your payment "trusted...

  7. Tuesday September 29, 2009

    1. How do I put Mom's house in my name?

      Answer - There is no one best way to put your mom's home in your name. First, the question is why you, and she, want to do this.

    2. How long does probate take?

      Answer - Unfortunately, there's little you can do, except ask your cousin what's taking so long. She may not know. It's the probate lawyer and court who really determine how long the case takes. Often that's a long time, many month, or even many years.