Medi Cal Recovery And Special Needs Trusts – A Special Needs Trusts [“SNT”] allows the trust’s Special Needs Beneficiary to remain eligible for needs based Medi-Cal benefits while receiving supplemental distributions from the SNT; these cover goods and services not paid for by Medi-Cal benefits. Medi-Cal estate recovery for reimbursement for what Medi-Cal paid while […]
posted on: June 29, 2015
Read MoreIt is better to rely on one’s Trust when possible. – In the event of one’s incapacity or death, assets held in a Living Trust can be controlled much more reliably than assets outside of a Trust. Let us examine why it is better to rely primarily on one’s Trust rather than to rely on […]
posted on: June 1, 2015
Read MoreDisappointed Beneficiaries – Everyone has the right to execute a Will, or a Trust, to say who inherits their assets when they die. Nor is there any requirement to leave any assets to family members. What then is the remedy when someone does not receive what they had expected due to the possible wrongdoing of […]
posted on: May 11, 2015
Read MoreRights Retained by a Conserved Person – A “Conservatorship of the Person” is to protect someone who cannot properly provide for his or her own personal needs for physical health, medical care, food, clothing, or shelter. The court appointed Conservator – often a family member or the local public guardian — is granted powers over […]
posted on: April 27, 2015
Read MoreWhen the Probate Laws of Multiple Jurisdictions Apply. – Complications arise when administering the estate of a deceased California resident who was once a citizen of a foreign nation or the estate of a deceased non-resident of California who owns real property in California. Let us discuss. Consider a deceased California resident whose last will […]
posted on: April 13, 2015
Read MoreDeath with Dignity. – Many will recall the 29 year old Brittany Maynard who suffered from terminal brain cancer. Brittany moved from California to Oregon where she chose to end her own life rather than continue in excruciating pain. The “End of Life Option Act”, presently before the California Senate would allow for terminally ill […]
posted on: March 26, 2015
Read MoreThe following are real life examples that illustrate problems which could have been avoided if the decedent had planned ahead while alive. Consider the father who died with no Will or Trust leaving behind a predatory girlfriend and a disabled son (heir). Notwithstanding numerous requests from his family while he was alive, a divorced father […]
posted on: March 16, 2015
Read MoreIn my prior article, “The Confidential Marriage”, I discussed how confidential marriage licenses can be abused by predators to prey upon an elderly person without the elder’s family knowing what has occurred until it is too late. What can be done to prevent such abuse of marriages? Let’s discuss. Unfortunately there are no criminal sanctions […]
posted on: March 2, 2015
Read MoreWhen a provider dies his or her surviving spouse (or registered domestic partner) and/or minor children can soon find themselves without the necessary resources to maintain themselves in their accustomed manner of living. Under California law these persons have entitlements regarding a place to live, the use of certain personal property, and a family allowance. […]
posted on: February 19, 2015
Read MoreSome people choose to prepare their own estate planning documents using “do it yourself” estate planning programs in order to avoid attorney fees. Having administered some wills and trusts that were so drafted by now deceased laypersons I can provide some observations regarding possible pitfalls. Having a trust that is […]
posted on: January 26, 2015
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