Small Estate Affidavit Procedure

          In California, if a decedent dies with a “small estate”, the “Affidavit Procedure” may be used by the decedent’s successor in interest, “… to collect money, receive tangible personal property, to obtain evidence of a debt, obligation, interest, right, security or chose in action Let us discuss some scenarios”.  Let us discuss.           Presently, […]

posted on: August 7, 2020

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Mineral Rights, Royalties & Estates

          Mineral rights are the ownership rights to underground resources, such as oil or natural gas.  Mineral rights can be severed (separated) from the ownership of the surface land and so be owned by a different person.  Such rights can be acquired by purchase, lease, gift or inheritance, either outright or in trust.            Depending […]

posted on: July 22, 2020

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What to Consider when Selecting a Trustee

Are you thinking of estate planning? One of the main steps to take in this process is to choose a trustee to manage your trust estate. Essentially, this is a person who will manage all aspects of the trust estate and make major decisions related to it. Given the important nature of the position, the […]

posted on: July 7, 2020

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Appreciating the Differences Between Probate & Trust Administration.

          Probate and trust administration are not the same.  There are important differences and similarities between administering a decedent’s probate estate and administering a decedent’s trust estate.  Let’s begin with the differences.           Probate is court supervised whereas trust administration is private.  To commence probate one publishes notice in a newspaper and appears at a […]

posted on: July 2, 2020

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Paying for Necessary Medical expenses with Medi-Cal Share of Cost.

           California’s Medi-Cal program requires beneficiaries to pay a monthly Share of Cost towards meeting their healthcare expenses.  Share of Cost is computed based on the beneficiary’s monthly income less deductions, such as for the personal allowance and for any monthly maintenance needs allowance (to keep the beneficiary’s well spouse from impoverishment).  Share of Cost, […]

posted on: June 12, 2020

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Remaining At Home as a Senior Citizen

         Many of my clients want to remain in their homes for as long as they are mentally and physically able to do so. Nowadays, with the Pandemic, people who avoid going into a residential care facility, such as an assisted living or a skilled nursing home, are much less likely to get Covid-19 and […]

posted on: May 28, 2020

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Urgent Estate Planning Considerations During Covid-19.

            Certain urgent estate planning issues have arisen during the present Covid 19 health crisis.  These issues concern getting diagnosed by a physician, intubation and the use of Internet based communication (e.g., Skype and Zoom) instead of in person meetings.  Let’s discuss how they affect your power of attorney, advance health care directive, and living […]

posted on: May 5, 2020

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Estate Planning During the Covid 19 Pandemic

       Estate planning is best done at times of ease when there is no compelling reason to do so.  Now during the Covid 19 pandemic, here in California (and elsewhere), some people want to create, or update, their estate planning documents during the crisis.  Normally, estate planning entails in person meetings with your attorney to […]

posted on: April 2, 2020

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Lifetime Advances of Inheritances

          Most parents want to divide their estate equally amongst their children.  What is equal treatment at time of death can be disputed amongst the children when some children have received substantially more in lifetime gifts than the others.            Accordingly, Parents often decide to count substantial lifetime distributions made to their children as advanced […]

posted on: March 12, 2020

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Joint Tenancy with Right of Survivorship

Money on deposit in bank or brokerage accounts that are titled as “Joint Tenancy With Right of Survivorship” (“Joint Tenancy Account”) passes automatically at the death of a deceased joint tenant to the surviving joint tenant(s), if any, by operation of law; or does it?    Many times the money is deposited by one account […]

posted on: February 28, 2020

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