Conflicts of Interest and Trustees

Potential 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

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The Possible Return of the Medi-Cal Eligibility Asset Test

California’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

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When an Incarcerated Person Inherits Assets in California

What 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

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On Being A Representative Payee

An 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

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Hidden Pitfalls of Do It Yourself Handwritten Wills

The 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

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Skilled Nursing Facility Residents Appointing Health Care Decision makers.

Residents 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

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Controlling the Trustee’s Administration of a Trust

Typically 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

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Managing the Affairs of An Aging Parent.

As 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

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Access to Electronic Records and Communications

Electronic 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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Federal and State Level Estate Taxes.

An estate (death) tax taxes your estate on the transfer of assets you owned at your death. Most people are not presently concerned about the federal estate tax as the threshold for federal estate tax is a decedent’s estate with a net worth of at or above around the application exclusion amount of 14 million […]

posted on: January 10, 2025

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