Effective January 1, 2017 Medi-Cal Recovery (SB 833) For Medi-Cal recipients who die on or after January 1, 2017, there are significant changes in the law. The most significant impacts the limitations on recovery of funds by the state of California after the death of the Medi-Cal recipient. For Estate Planning purposes, the best news…
In a new law to go into effect January 1, 2017, a Living Trust may be utilized to protect assets from Medi-Cal claims for individuals dying after that date. This is a revolutionary law that elevates the advantages of a Living Trust in California to a new high. Previously, a Living Trust provided no protection…
Time and time again we see cases of inadequate powers of attorney which fail to provide sufficient authority to act. These documents usually obtained on-line through legal providers or Trust mills provide generic, basic provisions that can fall short of a client’s needs. The recent case of Metlife Insurance Company v. Sumner is an example….
As a member of the National Academy of Elder Law Attorneys (NAELA), we were alerted to a new regulatory law being proposed by the Obama Administration. It bears directly on your investments, which are determined by financial advisors for many of us. As an attorney, I must place the interest of my client first. I…
As indicated in an article I wrote on May 3, 2016 regarding the withholding of death benefits by insurance companies, there have been some new developments. The insurance industry has had a long standing policy of holding death benefits if they were not contacted by the beneficiary. In other words, the burden was placed on…
Unlike Living Trusts, all Wills must be filed in California. Wills not only identify beneficiaries, but also the assets and property in the estate. It becomes a matter of public record with property and asset values for anyone to see. Scams on the elderly have hit a record $1.7 million in the first quarter of…
If you saw 60 Minutes on CBS Sunday night you had to be astounded by the absolute greed and thievery of life insurance companies. Many of them, mostly all of the large companies, are being sued in a class action for failing to pay death proceeds to deserving beneficiaries. Roughly $7.5 billion have been withheld…
New California Law: Transfer on Death (TOD) Deed ALERT: New California Law Avoiding Living Trust Arrangements Could Cause More Attorney Fees and Costs of Court Than Intended: Wow! I just saw a webinar on the new TOD Deed California Law – a potential calamity. What Is Its Purpose: To pass homes and other specified real property…
Have you ever heard of a situation in which a son or daughter lost their inheritance in a divorce, lawsuit or creditor claim against their spouse? It happens frequently in community property states like California. Typically, on the death of the surviving parent, a son or daughter will receive his/her inheritance and place it in…
Estate Planning with Minor Children: Mick and Mona have 3 minor children ages 12, 10 and 8. Mick and Mona have been procrastinating about a Family Living Trust and Estate Plan. Mick has a 401k plan valued at $300,000 and a life insurance policy with a $500,000 death benefit designating Mona as his primary beneficiary…
Talk about a costly minefield for young adults failing to utilize a Living Trust in California. It happens quite frequently because young adults with minor children, whether couples or singles, do not think about death or incapacity. Right? Right! Their minds are on their jobs, acquaintances, social lives, and of course, their minor children. So…
I. Authority for Pet Trusts in California – Probate Code Section 15212 The Code Provision authorizes the following: Funds to benefit the animals; Distribution of funds upon Trust termination; Enforcement of the Trust; Designation of the Trustee; Accounting requirements; Inspection of premises, books, and records; Definition of Animal. II. Essential Trust Provisions Designating responsible Trustee…