Denis Clifford, Estate Planning Attorney
Caring.com Expert
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:
- Plan Your Estate
- Estate Planning Basics
- Make You Own Ling Trust
- Nolo’s Simple Will Book
- The Quick and Legal Will Book
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
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I just found out Dad, who has dementia, hasn't filed for taxes in over 10 years! What next? — Apr 03, 2013Legally, you are what is called your father's "agent" or "attorney in fact" under his DPA. As his agent, you are NOT responsible to any of his debts, including tax obligati...
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Father wants to deed his second home to my brother and I. Are we liable for a gift tax? — Feb 18, 2013If your father gives you (and your brother) a home he owns while he is alive, you are not liable for gift tax. It is the GIVER, not the receiver, who can be liable for gift... -
You have a power of attorney for your mother. You ask if you'll get a bad credit rating if you don't pat her medical bills. Legally, an agent (or "attorney in fact") is no... -
You want to know what you can do to leave all your property to beneficiaries who live outside the country (in Poland). I gather that you will leave your relatives your prop... -
You state that you have two documents that are in contradiction regarding end of life and life-sustaining treatment. While you don't state what these documents are called, ... -
Legally, you husband has the right to choose whoever he wants to be his executor. Whether it "matters" that he named his daughter as his executor, rather than you his wife,... -
Can I take on a mortgage of my Mom's home? — Oct 15, 2012I know of no legal reason why you, acting as "agent" under your mother's durable power of attorney for finances, would not be able to take out a mortgage for her on her hou... -
If you have a valid durable power of attorney for your (handicapped) sister, you are her legal agent. As her agent, you have full legal authority to handle her finances. Th... -
You want to know how you can enforce a POA that your husband prepared over a decade ago. I assume the POA is "durable,"which means it remains legally valid even if your hus... -
An executor has no power or authority to change the terms of a will "to make it fair all around," or for any reason. The executor must carry out what the will provides. Ho... -
You want to know if a change of address by a person giving a power of attorney, (called the "Principal," in this case your father, affects the POA's legality. No, it does n... -
Can a will make a change or add to a trust? — Sep 04, 2012You have a trust, but you want to make a change where some of your (trust) property goes directly to your two grand daughters. You want to know if you can make this change ... -
You mother's will provided that he estate should be divided equally among her children. However, she had some financial accounts that named beneficiaries for those accounts... -
Is my husband entitled to half of what I inherit? — Sep 04, 2012Your father died in New Jersey and left his estate to you. You want to know if your husband has any claim to this inheritance. Generally, property left to one spouse is in... -
Sadly, I have received many, many questions like yours from Caring.com folks over the past few years. I am not at all an expert in elder law, and I am not experienced in wh... -
As DPA, can I sell real property willed to another person? — Aug 23, 2012You have a financial DPA for your mother. You want to know if you have authority to sell your mother's house to cover her medical expenses, even though that house has been ... -
Does a quit claim deed cancel a will? — Aug 23, 2012You state that your mother made a will in 2008 and in 2011 signed over a quit-claim deed on her home. I gather than in her will she left the home to one person, but named s... -
If i have a POA, is our credit then linked together? — Aug 23, 2012If you obtain a loan, it will NOT affect the credit of a person you have power of attorney for. The fact that a person has given you a POA does not legally mean that that p... -
What exactly does a hospital power of attorney do? — Aug 17, 2012You want to know what you have authority to do under a power of attorney your sister gave you when she was in the hospital. Specifically, you want to know if that power of ... -
You want to know if a durable power of attorney made out by one spouse to another expires when the couple gets divorced. [I'm not sure from your question if you gave your e... -
What constitutes incompetency? — May 22, 2012You want to know what "incompetency" is? As far as I know, there is no single, clear-cut, legal definition. "Incompetency" is generally considered to be a question of fact.... -
You ask what your dad needs to do to make you the owner of his old house. The answer is he can simply give it to you. To do that, he needs to prepare a deed transferring le... -
How does a couple divide their property when they have children, and one spouse has a child from a prior marriage? The answer is that there is no one answer. The couple has... -
My husband is a primary caregiver, but his parents' estate has been left to all other siblings. What can we do? — May 15, 2012You state that your husband is a primary caregiver, but his parents' estate has been left to all other siblings. What can we do? I think your husband needs to consult a go... -
Sister wants POA for my mother who is competent and I object. Does she need permission to become her POA? — May 15, 2012Does you sister need permission from your mother to obtain a POA for her? Definitely yes. A POA is a voluntarily-given document, made while the person making it, called the...
