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 January 11, 2012

    1. Do we pay income taxes on inheritance?

      Answer - I concur with Mr. Blair's response. As he demonstrates, it is generally not wise for a parent (or anyone else) to transfer valuable property to another person while that parent is alive. There can definitely be adverse tax consequences if this is done. By "Inheritance" I mean property that a person inherits AFTER the death of the previous owner...

  2. Monday November 28, 2011

    1. My sister inherited mom's house. After it's sold to pay off debt, where does remaining money go?

      Answer - As I can decipher what you've written, your sister was left your mother's house in your mother's will. But that house is already under a court order to sold to pay off debts. (I presume debts of your mother). You want to know who receives the remaining money (if any) after the sale.

    2. Do I sumbit a Change of Address form first and then draw up the Power of Attorney?

      Answer - You should do both as soon as possible. Prepare a change of address form (for the Post Office, I assume) and also prepare a power-of-attorney (DPA) form, which your mother-in-law signs. Actually, you need two Kentucky power of attorney forms, onto manage your mother-in-law's financial matters, the other for medical/health care concerns...

  3. Wednesday November 09, 2011

    1. Is there anything that can be done against a sister-in-law who signed my dad's deed with out him knowing?

      Answer - You want to know if you can get your father's name off a deed transferring his house to your brother, because you state that he never signed that deed. If that is true and can be proven, there are a number of possible remedies. First of all, your father could simply ask the brother who received the deed...

    2. Are individuals entitled to their spouse's inheritance in the State of Texas?

      Answer - I do not know if a husband is entitled to an inheritance (from his spouse) in Texas. Moreover, I cannot give specific legal advice about Texas law, which would be practicing law in Texas, which I am not licensed to do. I can offer general legal information. Unfortunately, your question is outside of that arena...

  4. Sunday October 30, 2011

    1. If my father with dementia gets into a car accident, am I liable as his power of attorney?

      Answer - You have power of attorney over your father. You want to know if you could be liable if you father gets into a vehicle with his van. The answer is no, you cannot be held liable.

    2. Can my mother sue me because I bought a home at my grandfather's wishes and depleted any possible inheritance in the process?

      Answer - From what you have told me, you have cared well for your grandfather and have done nothing wrong, either legally or morally. Of course your mother could sue over her allegations of depletion of her inheritance. After all, in the U.S., anyone can sue anyone about anything. But: 1) Your mother would have to pay for a lawyer to file and prosecute the lawsuit...

  5. Thursday October 20, 2011

    1. What rights do my friend and I have over his care decisions?

      Answer - You want to know if you have any legal rights over a friend's care. From what you've told me, you have no legal rights over the care of the "elderly gent," you have cared for over fourteen years. However, you state that this man is of sound mind. That means that he has absolute rights over his own care and care decisions...

    2. How can we stop my brother from living in mom's house?

      Answer - You and your family clearly have a difficult problem with Kevin. Unfortunately, I know of no effective legal remedy in your situation. Even if you could afford a lawyer, I think hiring one to help you handle this would be a waste of your time and money...

  6. Friday October 07, 2011

    1. Will the bank take the home my father willed to us because we have poor credit?

      Answer - There is too much I do not understand about the transfer of the house from your father to you and your sister for me to be able to give you a definite answer. I can tell you that in general,when someone inherits a house with a mortgage on it, that mortgage simply goes with the inheritance...

    2. Can my step-brother take me to court for items in his mother's estate?

      Answer - Anyone can take anyone to court, including over an inheritance, in the sense that anyone can file a lawsuit against another person. But merely filing a lawsuit has no relationship to whether that lawsuit has any merit..

  7. Wednesday October 05, 2011

    1. How can I find out if my step mom followed my dad's will?

      Answer - Understandably, you want to find out if your father's will was followed. Unfortunately, that may be difficult to do. If your father's will was filed for probate, in the county court for the county he died in, there will be a record of that probate proceeding. That record will have a copy of the will...

    2. Can you transfer inheritance money with out paying a gift tax?

      Answer - You want to know if your brother would be liable for federal gift tax if he legally transferred half of a $100,000 inheritance deposited in his bank account to you. Technically, the answer is yes, he would be liable for gift tax. However, no gift tax would actually need be paid, because currently there...

  8. Wednesday September 07, 2011

    1. Do we pay income taxes on inheritance?

      Answer - There remains no federal income tax on inheritances.

  9. Monday July 25, 2011

    1. How can I find an attorney that is affordable and will help me manage my inheritance?

      Answer - You want to find an inexpensive lawyer to help you manage your inheritance. I do not know where you live. You'd need to find a lawyer near you. Even if I did know where you live, I doubt if I could offer any recommendation of how to find an inexpensive lawyer. I don't even know any in the area where I live, in California...

  10. Friday July 15, 2011

    1. Will my father's social security benefits go to me or to my mother?

      Answer - Curious. Recently I've been getting a number of questions about social security payments. I am not knowledgeable about social security, and do not know the answers. I do not know the answer to your question. I hope that your father's social security check will go to your until your graduation from high school...

    2. How can I find out if my brother is misappropriating Mom's money?

      Answer - You are in a difficult situation. Not only do you have a conflict with a sibling over a parent's money, that sibling lives where your mother does, and you are hundreds of miles away.

    3. Is it possible to transfer my great grandmother's social security benefits to my grandmother?

      Answer - I do not know if your great grandmother's social security can be transferred to your grandmother after your grandmother's death. I would guess that a phone call to Social Security would provide you with the answer.

  11. Monday July 11, 2011

    1. What documents must be in place for handling a loved one's bills after death?

      Answer - You are correct, a power of attorney ends with the death of the principal, the person who granted the power. Lacking that power, how can you pay the debts of a loved one, after her or his death?

  12. Thursday July 07, 2011

    1. is there a restatement form to make major changes to a revocable living trust?

      Answer - There is no specific form used for changing a living trust. [Indeed there's no specific form for a living trust.] However, a living trust must be changed by a formal printed Amendment. That Amendment must be signed and dated by the Trust and Amendment writer and notarized...

  13. Saturday July 02, 2011

    1. Am I still responsible for paying a loan that mom signed, and that I can no longer afford?

      Answer - I am unclear what your ownership situation is regarding the home. You state that after your mother died you have been making the monthly mortgage payments on the home [OK] and you "now have an administrative deed on the home." I do not know what an "administrative deed" is...

    2. Is it legal to make changes to a will with a letter?

      Answer - It is generally not legal to change a will by a letter. A will is a formal legal document. It must must be signed and dated by the will writer, and then witnessed by two witnesses. There are two ways to change a will 1) to prepare what is called a "codicil," which is an amendment of the will...

  14. Friday June 24, 2011

    1. How do I obtain power of attorney over my two aunts?

      Answer - To obtain a power of attorney from someone, it must be freely given. I gather that you have tried to persuade your aunts to given you power of attorney, and they have refused. Aside from trying again (and again), there's nothing else you can do to get a power of attorney from them...

    2. Is it possible to give our home to our church in exchange for funeral expenses?

      Answer - You should be able to make arrangements with your church to leave it (or them) you home. with it/them agreeing to pay your funeral expenses. You'd be best protected with a formal, written agreement, perhaps some form of a charitable trust. Your church should be able to help you with this, or at least direct you to someone who could help you...

  15. Thursday June 16, 2011

    1. Will a surviving spouse draw from the deceased spouse's social secutity?

      Answer - I do not know the answer to your question regarding a surviving spouse drawing all of a deceased spouse's social security. It would seem that the sensible place to start looking for an answer is to contact a social security office and ask them your question. I've found social security employees to be quite helpful and considerate...