Gene Osofsky Attorney

First Admitted: 1970, California

Professional Webpage: https://lawyerforseniors.com/about/gene-osofsky/

Bar/Professional Activity:

California, 1970
U.S. Court of Appeals 9th Circuit, 1970
Member, Estate Planning, Probate & Trust Section, California State Bar, 1997
U.S. District Court Central District of California, 1970
Member, National Academy of Elder Law Attorneys, 1997
American Bar Association, 1970
U.S. District Court Northern District of California, 1970
U.S. Supreme Court, 1977
Member, Estate Planning LRS panel of California Advocates For Nursing Home Reform, 1995

Videos:

An excerpt from a live, video presentation given by Gene L. Osofsky to a senior group about Long Term Care Estate Planning. The presenter discusses integrating planning for long term care into the more traditional estate planning: the former plans for long term care, while the latter only plans for death. The presentation discusses available government assistance through the Medi-Cal program and the Veterans Pension program for those who have served during a period of war., tinyurl.com/6wpg8qh

Special Licenses/Certifications:

[Former] Certified Specialist, Family Law, California Board of Legal Specialization. 1982--2013

Pro bono/Community Service:

Community Service Award by the Northern California Chapter, National Multiple Sclerosis Society, for past service to the society for work in its pro bono clinical program, educational outreach, etc. Active past participant, Berkeley Men's Shelter, supervising community service by students of local high school in preparing and serving meals to homeless men in the Berkeley area, with the assistance of attorney's son, the organizer of the program.
Law Clinic, National MS Society, 2000 - 2003
Attorney authors bi-weekly articles on senior topics for two local newspapers, the Castro Valley Forum and the San Leandro Times. Selected articles are available for viewing as Articles and Blogs on our website at: www.LawyerForSeniors.com
Berkeley Men's Shelter (prepare/serve meals), 1999 - 2001
Former VISTA Volunteer, Veterans Benefit Institute of Chicago

Honors/Awards:

Community Service Award from the National Multiple Sclerosis Society (Northern California Chapter)
Phi Alpha Delta
Wiley Manual Award for Pro Bono Legal Services
"Boss of the Year" by the Southern Alameda County Legal Secretaries Association

Educational Background:

University of California, Berkeley, A.B in Economics, 1966, 1966

White Papers:

"The Consumer's Guide To Medi-Cal Planning". This Guide has been prepared for use by California consumers and their families, and is designed to present Medi-Cal planning in understandable language for the client community. It is intended as a primer and is replete with cartoons to illustrate the text. It is available free of charge via download from the author's website. www.LawyerForSeniors.com.

Scholarly Lectures/Writings:

A Special Needs Trust, combined with an appropriate Court Order, may help a spouse in a divorce proceeding (or adult child) preserve his/her public benefits (e.g., SSI), which might otherwise be offset or even lost entirely upon receipt of court-ordered spousal support or child support, or even property division. , Author, SNT's Can Protect Public Benefits in Divorce, Legal Network News, published by California Advocates for Nursing Home Reform, Persons With Disabilities Going Through A Divorce Or Other Family Law Proceeding (spouses And Childr, 2021
Contributing Author, Planning, Drafting and Administration of Special Needs Trusts
California is now the 29th state to adopt the Decanting statutes, which permit modification of trusts even after the incapacity or death of the trust-maker, and without court order, in order to address changed circumstances. The Decanting Act now permits changes based upon the consent of the living beneficiaries, but subject to appropriate rules. The Act can be used to achieve tax objectives, add a Special Needs Trust for a beneficiary receiving public benefits (e.g., SSI), and accomplish other important purposes., Author, The New CA Decanting Statute: Some Advisory Cautions, Legal Network News, published by California Advocates for Nursing Home Reform, Seniors And Their Families, 2019
Medi-Cal Planning For Long Term Care, Hayward Lawyers Club, March 23, 2004
Dividing The Family Home, Legal Secretaries Association
A treatment of the proposed regulatory changes announced by the Department of Veterans Affairs. The article is addressed to Elder Law Attorneys who include VA Pension Benefits planning as part of their practice., Author, Proposed VA Asset Transfer Regulations Will Change Our Approach To Planning, Legal Network News, California Advocates For Nursing Home Reform, 2015
Co-Author, Ch. 4, "Family Law Issues in Planning for Persons with Disabilities". This chapter advises California attorneys who works with person(s) with a disability concerning how marriage, divorce, domestic partnerships, child support, spousal support, and the characterization of property may affect the beneficiary's public benefits. Chapter 4 is part of a two-volume treatise which has received national and international acclaim and is one of the leading references used by California attorneys who draft, plan and administer Special Needs Trust for persons with disabilities., Co-Author (with 21 Others), Special Needs Trusts, Planning, Drafting & Administration, California Continuing Education of the Bar, 2009
Contributor, The CPA's Guide To Long-Term Care Planning
"Protecting Marital Assets From Recovery Using the "SPA" To Solve A Tax Problem For The Non-Citizen Spouse". The article addresses the special problem of Medi-Cal planning for the Non-Citizen spouse and suggests the use of the Special Power of Appointment to both shield marital assets from Medi-Cal recovery and solve an associated tax dilemma for the non-citizen spouse. Published in the Legal Network News of California Advocates For Nursing Home Reform, Fall 2010., Author, tinyurl.com/87xfjtk, Published By California Advocates For Nursing Home Reform, “Legal Network News” , Volume 20, No. 3, Fall, 2009
"Those Darned Bypass Trusts: What Do We Do With Them?". Written for California Elder Law attorneys, this article examines the problem that the typical Bypass Trust poses for Medi-Cal planning, including eligibility for the surviving spouse and estate exposure to post-death recovery. Published in the Legal Network News of the California Advocates For Nursing Home Reform, Summer, 2012., Author, tinyurl.com/79a9zfq
Co-author, Consumer's Guide To Medi-Cal Planning, 2005
Speaker, Bay Area on Elder Law, Disability Law

Firm News (Newsletters):

Monthly newsletter sent out via e-mail on a monthly basis to clients and friends of the firm. Access to past issues is available on the firm's website. The newsletter focuses on topics of interest to seniors and their families., Elder Law News

Industry Groups:

Seniors And Their Families

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