When a revocable living trust is established certain important powers – i.e., to amend or to revoke the trust — are usually reserved to the settlor (i.e., the person who established the trust). Unless the trust expressly allows someone other than the settlor to exercise these powers then only the settlor – while alive […]
posted on: December 20, 2019
Read MoreWhat happens when a beneficiary of a deceased person’s probate estate or living trust dies during an ongoing administration and before receiving the full distribution of their inheritance? The death of a beneficiary scenario can arise in settling either a probate estate or a trust administration. The beneficiary’s death affects both the administration of […]
posted on: December 5, 2019
Read MoreMany elderly people are being cared for at home rather than at a board and care, assisted living or skilled nursing facility. Often the personal care giver is someone who is employed directly by the elderly person or by the elderly person’s family. These employment arrangements cover a wide spectrum of personal care services […]
posted on: November 22, 2019
Read MoreCreditors of a decedent who wish to pursue a claim against the decedent’s estate for an unsecured debt must follow certain important procedures in a timely manner. If these procedures either are not done properly or are not done timely then a creditor may lose their opportunity to pursue their claim. Secured creditors can […]
posted on: November 1, 2019
Read MoreA tenant in common owns an undivided, fractional interest in a property (real or personal) with one or more additional tenants in common, who may be related or unrelated persons. Let’s consider issues related to some scenarios. Consider two friends who buy real property as equal tenants in common to turn into a […]
posted on: October 17, 2019
Read MoreUpdating one’s estate planning documents involves changes to one’s trust, will and/or designation of death beneficiaries, as relevant. To be effective such updates must be done correctly. Otherwise, if done ineffectively, the result can be disappointment and lawsuits for those concerned. Under California law, a trust can be amended either using the method […]
posted on: October 4, 2019
Read MoreMedi-Cal has different rules governing Medi-Cal reimbursement when a Medi-Cal recipient dies. One set of rules applies to assets owned by the deceased Medi-Cal recipient’s estate. Another set of rules apply to assets held in a self-settled first party Special Needs Trust and pooled Special Needs Trust funded by the trust beneficiary in order […]
posted on: September 13, 2019
Read MoreDeath benefits payable from a life insurance policy on the death of the insured can be considerable. Such benefits can either be paid directly to one or more individual beneficiaries or be paid to a trust administered for their benefit. A trust can own and/or be the death beneficiary on a life insurance policy. Unlike […]
posted on: September 13, 2019
Read MoreThere are various ways you can inherit from a decedent’s estate: As a beneficiary under a will or trust, as a designated death beneficiary (i.e., insurance policies, retirement plans, etc.), as an heir, or as a surviving joint tenant. All ways, however, require that you must first survive the decedent. Sometimes the persons […]
posted on: August 8, 2019
Read MoreRecently I was asked if I could help an elderly married couple who had run into an obstacle preventing them selling their home. That is, the Notary Public had refused to notarize the wife’s signature because the wife apparently did not understand the documents she was to sign. The wife did not have a […]
posted on: July 25, 2019
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