Apr
09
2018
0

New Medicare Cards Are Being Issued Without Social Security Numbers

With the purpose of helping to prevent fraud and to protect identities, the Centers for Medicare and Medicaid Services (CMS), has redesigned Medicare cards. The new cards will no longer show the owner’s Social Security Number. The cards will still be red, white and blue, but will also not show the gender, signature and other personal information, all of which could compromise the Medicare beneficiary’s identity. The new cards will have an 11 character, randomly assigned number, that will not be connected or related in any way to the beneficiary’s other personal data.

All current beneficiaries are scheduled to receive their new cards no later than December, 2019. In California, the new cards should arrive between April and June, 2018. Beneficiaries are encouraged to ensure that the Social Security Administration has their correct address. Address changes can be made by contacting the Social Security Administration at ssa.gov/myaccount or by calling 800-772-1213, or by visiting your social security office. The Walnut Creek office is located at 1111 Civic Dr., #180, Walnut Creek, CA 94596.

Beware of scammers who are already trying to take advantage of unsuspecting beneficiaries by contacting them directly about their replacement cards. Please understand that CMS employees never call and ask for personal or private information about Medicare recipients. The CMS also will not charge a fee for the new card. Any such inquiries would be clear signs that you are dealing with a scammer.

This information is not to be taken as legal advice, is general in nature, and you are encouraged to see your Walnut Creek Elder Law Attorney.

Michael J. Young

Walnut Creek, CA Probate Attorney

1931 San Miguel Dr. Ste., 220

Walnut Creek, CA 94596

925-256-0298

www.WalnutCreekElderLaw.com

Mar
12
2018
0

What Are The Intestate Rights Of Inheritance In Probate Upon The Death Of A Married Person?

The rights of inheritance from a person who died intestate, and who was married at the time of death, will depend upon the nature of the particular asset being probated. Assets of the decedent who is a married person can be community property, quasi-community property or separate property.  Quasi-community property is property acquired in another state that would have been community property if it had been acquired in California. Basically, all community property and quasi-community property will pass to the surviving spouse. The separate property of the decedent will be distributed to the surviving spouse and to other relatives, depending upon who survives. So for instance, if there is a surviving spouse and surviving children, one-half will go to the surviving spouse and one-half will go to one child, if there is only one child. If there is more than one child, one-third will go to the surviving spouse, and two-thirds will go to the children in equal shares. Other rules will apply if there are no children or grandchildren.

This information is not to be taken as legal advice, is general in nature, and you are encouraged to see your Walnut Creek Probate Attorney.

Michael J. Young

Walnut Creek, CA Probate Attorney

1931 San Miguel Dr. Ste., 220

Walnut Creek, CA 94596

925-256-0298

www.WalnutCreekElderLaw.com

Mar
08
2018
0

What Assets Can Be Administered By The Probate Court When The Decedent’s Will Is Filed?

Only certain assets left through a person’s will can be administered through a probate proceeding.

For a married person, all of his or her separate property, which is in that person’s name alone, can be distributed through a probate court proceeding. Separate property is identified as what was owned by the decedent before marriage. In addition, separate property refers to assets acquired during marriage by gift or inheritance. If the decedent is single, all assets in the decedent’s name alone can be distributed through a probate proceeding. For community property, one-half of each asset which is titled in the couple’s names as community property can be handled through the probate court process. In addition, the portion or percent owned by the decedent with others as tenants in common can be subject to the probate court process. Assets that are not registered in the decedent’s name, such as furniture, coins and jewelry can also be distributed through probate.

This information is not to be taken as legal advice, is general in nature, and you are encouraged to see your Walnut Creek Probate Attorney.

Michael J. Young

Walnut Creek, CA Probate Attorney

1931 San Miguel Dr. Ste., 220

Walnut Creek, CA 94596

925-256-0298

www.WalnutCreekElderLaw.com

Feb
12
2018
0

Avoid Probate To Avoid Medi-Cal Recovery

When a Medi-Cal recipient dies, the state will attempt to recover from the recipient’s estate, what the state paid for that person’s care during his or her lifetime. Before January 1, 2017, the term “estate” referred to any assets in the recipient’s name at the time of death. As of January 1, 2017, as the result of SB 833, which was signed into law by Governor Brown on June 27, 2016, the state has taken the definition of “estate” to mean a probate estate. A probate estate is an estate that is being processed through a court action in probate court. If you do not have an estate that is subject to probate when you die, there can be no state recovery. A revocable living trust will avoid probate. For instance, if you transfer your home to your revocable living trust and then you die, your home will be transferred to your named beneficiaries of the trust, without the need of a probate court action. If you do not transfer title of your home to your trust, and your name alone is on the deed, a probate of your home will be required when you die. The state could then recover against your home. If you hold title to your home in joint tenancy and then you die, title to your home will vest in the surviving joint tenant without a probate court action, and there will be no state recovery. However, on the death of the surviving joint tenant, a probate court proceeding will be required if the surviving person did not put title in a trust, or did not add another joint tenant to the deed. So the easiest way to avoid Medi-Cal recovery, is to avoid probate.

This information is not to be taken as legal advice, and you are encouraged to see your elder law and probate attorney. At the Law Offices of Michael J. Young, at 1931 San Miguel Dr., Ste. 220, Walnut Creek, CA www.WalnutCreekElderLaw, 925-256-0298, lawyoung1@gmail.com, we practice Elder Law and we help Baby Boomers, Seniors and families through their Elder Care Journey. We help families with long-term care planning, asset-protection plans, comprehensive estate planning, wills, trusts and powers of attorney and probates. We also help Baby Boomers and families get their “Ducks in a Row” in order help them qualify for Medi-Cal and the VA Aid & Attendance Improved Pension benefit.

Feb
08
2018
0

Proposition 58 Property Tax Exclusion -Transfer Between Parent and Child

A property tax re-assessment of the home in a transfer from a parent to a child can be avoided under California Proposition 58. For instance, when a probate is closed and the home is transferred to a child, or if the home is transferred to a child through trust administration, we can complete the “Claim For Reassessment Exclusion For Transfer Between Parent To Child.” If accepted by the assessor, the child who receives title to the real property through probate or the trust, can retain the parents’ old tax basis. Under Proposition 58, a son, daughter, child adopted before the age of 18, son-in-law, daughter–in-law and step-child, can be identified as the child. This re-assessment exclusion can be very valuable. For instance, the parents may have purchased their home some years ago for $85,000, and then leave their home to their daughter through probate or trust administration. When the parents die, their home could be worth $1,000,000. By utilizing Proposition 58, after the close of probate or trust administration, the daughter should be able to continue to pay property tax on the parents’ original tax basis of $85,000.

This information is not to be taken as legal advice, and you are encouraged to see your Walnut Creek Probate Attorney, Michael J. Young.

Michael J. Young, Attorney at Law

Walnut Creek, CA Probate Attorney

1931 San Miguel Dr. Ste., 220

Walnut Creek, CA 94596

925-256-0298

www.WalnutCreekElderLaw.com

Feb
07
2018
0

Letters Testamentary and Letters Administration in California Probate

When the Personal Representative of the Probate Estate is appointed, whether that person is identified by the court as the executor or administrator of the estate, “Letters Testamentary” or “Letters Administration” will be issued to that person by the court. The Letters give the personal representative authority to carry out certain business of the probate proceeding.  This authority is often given under the California Independent Administration of Estates Act, with full authority or limited authority. Full authority allows the personal representative of the estate to sell or exchange real property without court supervision. Limited authority to sell real property requires court supervision. All estates however, do not require letters or a full probate proceeding. Generally speaking, a probate is only required when the decedent had assets over $150,000 in value. Estates that have no real property, and have a total value under $150,000 can often be administered through a small estate affidavit under Probate Code § 13101.

This information is not to be taken as legal advice, and you are encouraged to see your Walnut Creek Probate Attorney, Michael J. Young.

Michael J. Young

Walnut Creek, CA Probate Attorney

1931 San Miguel Dr. Ste., 220

Walnut Creek, CA 94596

925-256-0298

www.WalnutCreekElderLaw.com

Feb
07
2018
0

The Personal Representative of the Probate Estate

When a probate is filed, the court will appoint a Personal Representative of the estate. This personal representative will be identified in the court proceeding as the executor or administrator of the estate. This person will sign and file the various documents that will be required by the court through the course of the probate proceeding. If there is a will naming an executor, the court will most likely name that individual as the executor of the estate. If there is no will, then the surviving spouse, the children of the decedent, parents, etc., can petition the court to be named as the “Administrator With Will Annexed.” The term “administrator” is also used when a person dies without leaving a will which would name an executor. If the executor named in the will has died or cannot serve for some reason, the court will appoint an administrator. If a former spouse is named in the decedent’s will as the executor, and there has since been a divorce, Probate Code § 6122 prevents the former spouse from serving as executor.

This information is not to be taken as legal advice, and you are encouraged to see Michael J. Yung, your Walnut Creek Probate Attorney.

Michael J. Young

Walnut Creek Elder Law Probate Attorney

1931 San Miguel Dr. Ste., 220

Walnut Creek, CA 94596

925-256-0298

www.WalnutCreekElderLaw.com

Feb
07
2018
0

The Probate Spousal Property Petition

Assets that pass to a surviving spouse can be confirmed to the surviving spouse, through a petition process in probate court. This is not a full probate, and is called a “Spousal Property Petition”. This petition process usually takes around two months to complete, as opposed to around a year that is needed to complete a full probate. California Probate Code § 13500 provides for this petition process. The petition can be filed by a surviving spouse or surviving domestic partner. If a will exists, and the only beneficiary named in the will is the surviving spouse, then the property will pass to the surviving spouse. If the will lists other beneficiaries in addition to the surviving spouse, then only the property listed in the will that goes to the surviving spouse is subject to the petition. If there is no will, the community property can also be passed to the surviving spouse through the “Spousal Property Petition.” For the spousal property petition, the probate court will require that the probate form “1-DE-221, Spousal Property Petition”, be completed and signed by the surviving spouse. The petition will need to be supplemented with an explanation as to why the subject property should pass to the surviving spouse.

This information is not to be taken as legal advice, and you are encouraged to see your Walnut Creek Probate Attorney.

Michael J. Young

Walnut Creek, CA Probate Attorney

1931 San Miguel Dr. Ste., 220

Walnut Creek, CA 94596

925-256-0298

www.WalnutCreekElderLaw.com

Feb
07
2018
0

Assets That Are Not Subject To Probate

Not all assets are subject to probate. For instance, life insurance policies that name a specific beneficiary are not subject to probate. If however, you name “my estate” or “my children” as beneficiaries, a probate will probably be required. Retirement accounts, also known as “qualified accounts” like IRA’s and 401K’s, are not subject to probate if they name a specific beneficiary. Title to real property that is held in a revocable living trust is not subject to probate, because the real property will be distributed to the beneficiaries of the trust, by operation of the terms of the trust. Title to real property that is held in joint tenancy or community property with right of survivorship will not require probate. However, if you die with your name alone on the deed, and the property is not in your revocable living trust, a probate will be required.

This information is not to be taken as legal advice, and you are encouraged to see your Walnut Creek Probate Attorney.

Michael J. Young

Walnut Creek, CA Probate Attorney

1931 San Miguel Dr. Ste., 220

Walnut Creek, CA 94596

925-256-0298

www.WalnutCreekElderLaw.com

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