Author Archives: Walnut Creek Elder Law

Celebrity Estates

Celebrity Last Will & Testament Mike Young

The wealthy hotel magnate, Leona Helmsley, aka the “Queen of Mean” inherited $5 billion from her husband Harry Helmsley when he died in 1997. Her will stipulated that $12 million be held in a trust fund for her dog (a Maltese named Trouble.)

California Probates: What You Need to Know

PROBATE court

Are Probate Court Records Public In California? In California probates, the public has access to probate court records. Contact the probate court clerk in any county where an attorney filed probate. Request to view the filed documents. For a fee, you can even obtain copies of filed documents from the clerk. Also, the last will […]

Probate of Your Home: The “Heggstad” Petition

How to avoid probate in a house

Transfer your home to a Revocable Living Trust (RLT) for several reasons. First, doing so will prevent probate of your home when you die. Another reason is that, as of January 1, 2017, if you die after collecting Medi-Cal, the state cannot pursue recovery against your home if it is in your RLT. In this […]

Estate Planning for Young Adults

Young Adults Estate Plan Documents

Many young adults believe they are too young to concern themselves with estate planning. While in their 20’s and 30’s they think they don’t own enough assets to constitute an estate. However, an estate is the total of everything you own – money, investments, real estate, vehicles, business interests, digital assets (including cryptocurrency), and other […]

Happy National Elder Law Month!

Elder Law Elderly on Will

An obstacle millions of California senior citizens may encounter is the need to qualify for Medi-Cal coverage. Through online resources, video seminars and in-person trainings, we educate clients and friends to navigate the somewhat confusing process of Medi-Cal qualification.

What Is A Pour-Over Will?

The probate court process could take almost a year finalize. But the goal is to obtain a court order. It is called a Pour-Over Will since you would “pour” the asset over into the RLT. The court would distribute the asset would from the trust to the beneficiaries. If the amount of the asset is less than $166,250, we could prepare a “California Small Estate Affidavit.” You would present the affidavit to the bank or financial institution. It authorizes the bank or financial institution to distribute the asset to the person making the affidavit.  

Asset Distribution & Beneficiary Selection

Beneficiary Asset Distribution

If your have children are minors, “separate share trusts” can fit into your RLT for each minor child. Make distributions from the separate share trusts to the minor child during his or her lifetime.