Trustee Duty, Discretion, and Good Faith

A Trustee has a so-called “fiduciary” duty — i.e., a duty that involves legal responsibility and accountability to the trust beneficiary — to manage the assets of a trust strictly according to the terms of the trust for the sole benefit of the beneficiaries.  A Trustee cannot favor the interests of one beneficiary over another […]

posted on: November 25, 2021

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Medi-Cal Planning & Resource Limits.

Anyone receiving community based Medi-Cal or long term (skilled nursing) Medi-Cal is familiar with the stringent, longstanding non-exempt asset (“resource”) limitations for eligibility (i.e., $2,000 in available, countable non-exempt assets for a single individual).  Two recent developments affect present day and future Medi-Cal eligibility planning for persons either already receiving or applying for Medi-Cal. First, […]

posted on: November 11, 2021

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Health Care Decisions

Health care decisions include whether to approve or to disapprove diagnostic tests, surgical procedures, and medication, and other forms of health care.  Patients make their own health care decisions if they both can understand the nature and consequences of a health care decision – including understanding the significant benefits, risks and alternatives — and can […]

posted on: October 28, 2021

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Estate Planning on behalf of a Spouse with Diminished Capacity.

In California, what options does a person married to a spouse who suffers from cognitive impairment have to get the couple’s affairs in order, e.g., to establish and fund a trust?  Let us discuss. Let us consider a married person with diminished capacity – e.g., unable to have an involved estate planning discussion or unable […]

posted on: October 13, 2021

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5 Common Mistakes in Estate Planning

Trying to figure it out on your own may seem like a good idea, but because of the complexities of the different laws, some simple little mistakes can be costly later on. A few procedures taken now could save your beneficiaries thousands of dollars in legal fees and taxes in the future. This is one […]

posted on: October 5, 2021

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Why do I Need Estate Planning?

Have you thought about how a probate court proceeding would affect your beneficiaries? When planning your estate, it is imperative to take this into consideration. A California estate planning attorney can help you to avoid probate in the first place, or if one becomes necessary, to assist the personal representative administer the probate estate after […]

posted on: October 5, 2021

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California’s More Generous Homestead Exemption

In 2021, California significantly increased the protection under the “homestead exemption” and the “homestead declaration”.  Until 2021, the amount of the homestead exemption (protection) varied from $75,000 to $175,000 depending on circumstances.  Now, the exemption amount varies between $300,000 and $600,000, adjusted annually for inflation, based on the countywide median sale price for a single-family […]

posted on: September 30, 2021

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Creditor Claims in a Probate.

Decedents typically die owing a variety of unpaid debts.  Probate acts as a legal clearinghouse for a decedent’s unsecured creditors to file claims demanding payment of a monetary liability (debt) owed them by the decedent.  In California, creditor claims are required to be filed regardless of whether the liability was due, accrued, contingent, or reduced […]

posted on: September 9, 2021

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The House Trust

          A residence can be held in further trust for the benefit of one or multiple beneficiaries after the owner’s death.  In California, a trust can hold title to real property either for up to ninety years or for a period that ends no later than 21 years after the death of an individual who […]

posted on: August 26, 2021

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Selling or Gifting Real Property as a Legal Representative

          A person who is authorized to act in a representative capacity is a fiduciary and must follow certain fiduciary (legal) duties.  Application of the duties vary with the legal authority granted and the situation.  Agents, conservators, trustees, personal representatives, and even spouses (in relationship to their spouse) are all fiduciaries.  Let us discuss how […]

posted on: August 14, 2021

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