A cardinal rule of trust administration is that the intentions of the settlor(s) – the person(s) who created the trust – are to be given effect. A second cardinal rule is that a trust must be strictly administered according to its stated terms. What happens, then, when the stated terms of an executed trust […]
posted on: January 26, 2015
Read MoreEffective January 1, 2012, in California, estates of decedents valued at less than one-hundred and fifty thousand dollars ($150,000) can be settled as small estates without probate. Formerly, the limitation was one-hundred thousand dollars ($100,000). To determine whether a decedent’s estate is a small estate the following are excluded: Assets held in the […]
posted on: January 26, 2015
Read MoreA reader requested that I discuss Medi-Cal’s gifting rules. Under existing MediCal regulations, anyone who applies for Medi-Cal to assist paying for long term care at a “Skilled Nursing Facilities” (“SNF Medi-Cal”) must disclose all transfers by the applicant and his or her spouse during the 30 month period prior to application; the so-called […]
posted on: January 26, 2015
Read MoreA primary feature of the revocable living trust is that it can be amended, restated or revoked entirely by its settlor(s) at any time. Thus the living trust can change with circumstances. So when does it make sense to amend, restate or revoke a trust and start over? Let us examine these alternatives. A trust […]
posted on: January 26, 2015
Read MoreOccasionally someone calls and tells me they are convinced that they should transfer their home into an irrevocable trust to avoid Medi-Cal estate recovery. They are “sold” on that approach, but is it the right decision under present law? Transferring ownership on the remote chance of receiving Medi-Cal is usually ill advised. What […]
posted on: January 26, 2015
Read MoreRetirement plans, such as Individual Retirement Accounts (“IRA’s”), are special assets not only when it comes to their favorable income taxation treatment, but also when dealing with SSI and Medi-Cal rules regarding eligibility and estate recovery. Let us examine the rules, first, and then consider a scenario. Retirement plans […]
posted on: January 26, 2015
Read MoreDoes your estate plan adequately protect your loved ones should you become disabled? That is, do your power of attorney and trust instruments authorize your agent and trustee, respectively, to assist those who depend on you in the manner you would want were you to become disabled? It is entirely possible that your legal instruments […]
posted on: January 26, 2015
Read MoreDepending on one’s family circumstances, In-Laws may factor as either a more or less important consideration in planning one’s estate. These persons include your children’s own spouses and your spouse’s own parents and siblings. In-Laws are important for various reasons. First, they may have inheritance rights in regards to your blood relatives’ estates. Second, they […]
posted on: January 26, 2015
Read MoreWith people living longer planning for the cost of long term care is a real concern. Long term care encompasses a continuum of care options, from at home care, to assisted living, up to a residential skilled nursing home. Long Term care Insurance (“LTCI”) is private insurance that pays for some of these long term […]
posted on: January 26, 2015
Read More“Special Needs Trusts” (“SNT’s”) come in three types: (1) Self-Settled (“first party”); (2) third party; and (3) Pooled. SNT’s help people with special needs to remain eligible for needs based government benefits (e.g., SSI/Medi-Cal) who might otherwise lose such benefits due to an inheritance, personal injury award, or a lucky wind-fall. Many people who know […]
posted on: January 26, 2015
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