California 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
Read MoreOn January 1, 2026, Medi-Cal will restore the asset test, as it existed in 2022, to determine a person’s eligibility to receive, or continue to receive, community based Medi-Cal and skilled nursing residential care Medi-Cal. The restored asset test does not apply to the Expansion Medi-Cal created by the Affordable Care Act which has no […]
posted on: August 6, 2025
Read MoreA complete estate planning binder always includes an Advance Health Care Directive (“AHCD”). The AHCD authorizes a person’s agent to make important health care decisions, when the person cannot make them for him or herself, and gives guidance on the patient’s personal preferences. People’s expectations and reliance on the AHCD needs to be informed by […]
posted on: July 17, 2025
Read MoreWhat 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
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