Capacity is the ability to understand and to appreciate the consequences of a decision. Does the person understand the risks, benefits and options associated with the decision(s) to be made. Capacity is a threshold requirement at law for decision making. The more involved (difficult) the decision making the more cognitive ability is needed to have […]
posted on: January 23, 2026
Read MoreEstate planning can involve a wide variety of asset types, such as, money, stocks and bonds, real estate, life insurance, personal property, and sometimes business interests. How these different assets are managed during the owner’s life and later distributed at death depends on the asset type, the person’s situation and estate planning approaches used. It […]
posted on: January 12, 2026
Read MoreWith the restoration of the Medi-Cal eligibility asset test on January 1, 2026 (back to where it existed in July 2022), some people may want to consider whether to include specific gifting provisions in their power of attorney and in their living trust for Medi-Cal eligibility purposes. Such provisions authorize the person’s trustee or agent […]
posted on: December 24, 2025
Read MoreOn January 1, 2026, California’s Medi-Cal program restores its prior asset test used to determine eligibility for Medi-Cal benefits, as the rule existed on July 1, 2022. This means reinstating the associated resource limits, and exemptions and asset counting rules. This applies to all Medi-Cal recipients except the Medi-Cal recipients enrolled under the Affordable Care […]
posted on: November 9, 2025
Read MoreDiscretionary decision making authority over the administration of the trust or its assets directly can be delegated or reserved to the settlor(s). Persons with discretionary decision making may include the trustee(s), trust protectors, trust directors, and holders of powers of appointment. Provisions for trust protectors and trust directors, however, is not typically seen in most […]
posted on: October 24, 2025
Read MoreA successor trustee has authority as trustee when the settlor of the trust becomes incapacitated or dies. A trustee has fiduciary (legal) representative authority and powers to manage and control trust assets according to the terms of the trust for the benefit of the trust beneficiaries. When persons as settlors establish their living trust a […]
posted on: October 10, 2025
Read MorePeople are often think that establishing a living trust and signing a power of attorney is all that they need to do to control their assets in the event of incapacity and eventual death. This can be a costly misunderstanding. It is necessary to retitle assets to the living trust and to update designation of […]
posted on: September 25, 2025
Read MorePeople do not plan to fail, but people often fail to plan. This is the case with unintended estate planning outcomes. Let us discussion some common scenarios. Do one or more children live at home? If so, what is to come of the children in the event that the parent is disabled or dies? Does […]
posted on: September 15, 2025
Read MoreCalifornia is a Community Property state that recognizes both community and separate property assets. Assets that are inherited by a married person are separate property (i.e., owned and controlled by the inheriting spouse alone) unless it is commingled (e.g., money deposited into a joint account) or re-titled (e.g., real property) to include the married person’s […]
posted on: September 2, 2025
Read MoreCalifornia offers various estate planning approaches for real property, including primary residences, vacation homes, rental properties and vacant lots. That is, the Transfer on Death (“TOD”) Deed, a Joint Tenancy or Community Property with Right of Survivorship Deed, a Life Estate Deed, a Will or a Trust. Which applies and is best suited depends on […]
posted on: August 14, 2025
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