What options are available to prevent a person who is nominated to serve as successor trustee from becoming trustee if he or she proves to be a bad choice? A lot can change between when the settlor signed their living trust and when the settlor is replaced as trustee at incapacity or death. The named […]
posted on: July 17, 2025
Read MorePotential and actual conflicts of interest are important considerations when selecting who to serve as successor trustee as they are being trusted with the authority to manage, disburse (i.e., use assets to pay expenses) and distribute (make gifts of) trust assets pursuant to the terms of the trust. Let us discuss. A trustee’s primary duty […]
posted on: June 19, 2025
Read MoreCalifornia’s just revised proposed state budget, shows that Governor Newsom intends to reinstate the Asset test for Medi-Cal eligibility. Previously, on January 1, 2024, California had abolished the Asset test. Currently, assets are not considered when a person applies for any type of Medi-Cal, whether it is community based (at home) or long term care […]
posted on: June 5, 2025
Read MoreWhat issues arise when an incarcerated person inherits assets in California? A prisoner may inherit as a decedent’s heir (i.e., no estate planning) or as a beneficiary to the decedent’s estate planning (will, trust, or death beneficiary). Major issues include (1) how will the prisoner’s legal interests be represented; (2) is the inheritance subject to […]
posted on: May 9, 2025
Read MoreAn incapacitated adult or minor person who is unable to manage their bill paying often has a representative payee appointed by the Social Security Administration (“SSA”) to manage their receipt of Supplemental Security Income (“SSI”) or Social Security Disability Income (“SSDI”), as relevant. Each year, the representative payee must report to and account to the […]
posted on: April 24, 2025
Read MoreThe do it yourself handwritten (“holographic”) will has its place but it does have a multitude of hidden traps for the unwary and so should not be taken as the “go to” approach. I say hidden traps because handwritten wills are written by non attorneys who, for one reason or another, are unable or unwilling […]
posted on: April 10, 2025
Read MoreResidents at Skilled Nursing Facilities (“SNF’s”) are well advised to have a an Advanced Health Care Directive (“AHCD”), with an authorized agent (health care decisionmaker) in place to make decisions regarding medical treatment and placement. However, a SNF still cannot require the execution of an AHCD as a condition to providing services (Probate Code Section […]
posted on: March 28, 2025
Read MoreTypically the settlor of a revocable living trust is also the initial trustee until they either resign or are unable to manage the affairs of the trust due to incapacity or death. While the settlor is alive and competent, however, the settlor of a revocable trust may still direct the trustee’s administration of the settlor’s […]
posted on: February 27, 2025
Read MoreAs a parent ages, or declines in health, he or she may see the need to rely more on their children, typically, to manage their financial, property and legal matters. This includes managing assets titled to the parent’s living trust, assets owned individually by the parent, and the parent’s other financial and legal affairs. Relinquishing […]
posted on: February 13, 2025
Read MoreElectronic records and electronic communications are electronically kept by banks, brokerages, and other institutions to store important customer account information and communications. A person’s interest in such electronic records is called a “digital asset”. California’s “Revised Uniform Fiduciary Access to Digital Assets Act” (“RUFADA”), in Probate Code sections 870 to 884, provides California’s state level […]
posted on: January 31, 2025
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