What Are The Intestate Rights Of Inheritance Upon The Death Of A Married Person PROBATE: Click on this podcast to find out what you will inherit from your spouse when he or she dies. You may be surprised at some of the answers. This information is not to be taken as legal advice. For probate […]
Author Archives: Walnut Creek Elder Law
08
May
May
When and Under What Circumstances Should You Update Your Estate Planning Documents?? We are often asked, “When and under what circumstances should we update our estate planning documents?” One of the first things you should check for in your revocable living trust and financial durable power of attorney, are Medi-Cal and government benefits asset […]
08
May
May
Next Seminar: Tuesday May 21, 2019 2:00pm – 3:30pm @ Heather Farm Community Center Club Room 301 N. San Carlos Dr. Walnut Creek, CA 94598 “How to get Medi-Cal coverage for your nursing home care… without selling your home or leaving your family without a dime… Surprising ways to pay for your assisted living and […]
Some people are of the belief that if they give away an amount equal to the current $15,000 annual gift tax exclusion amount, that this gift will be exempted from Medi-Cal’s 30 month look back penalty period. This notion is incorrect.
Of course, pre-planning at the earliest opportunity is the best way to assure that Medi-Cal will grant your application, should you need to file at a later time.
If the decedent is single, all assets in the decedent’s name alone can be distributed through a probate proceeding.
The ill spouse, or applicant spouse, cannot have more than $2,000 in his/her name, of non qualified assets. The well spouse can have up to $123,600 in non-qualified assets.
Exercise: Keep your strength up. Walk every day if you can, and add more steps all the time. If your legs are strong and your balance is good, you are less likely to fall.
Probate statutory time frames must be adhered to, and apply to various aspects of the probate, including filing dates, publication and creditors’ claims. If there are creditors’ claims against the estate, the probate can take even longer in order to resolve the claims.
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.