You can avoid probate by creating an inheritance agreement. This is a contract where the owner agrees that another person will inherit the property.
Category Archives: Estate Planning in California
Content related to estate planning in California.
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California Still Has A 30 Month Look Back for Gifting
California still has the 30 Month Look Back Penalty Period for Gifting. There is a federal law known as the Deficit Reduction Act (DRA), which has a 60 month look back penalty period. However, California has not to date implemented that law. Medi-Cal eligibility workers are required to use the 30 month look back period. […]
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Treatment of The Home With Reverse Mortgages By Medi-Cal
Under the Medi-Cal regulations, it is fairly easy for us to establish the home as an “exempt asset” for qualification for Medi-Cal. The usual way is to confirm “an intent to return home” by the Medi-Cal applicant. The next task is to protect the home from a Medi-Cal lien if you pass away after having […]
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Consider Naming a Professional Fiduciary In Your Estate Planning Documents
When we prepare our estate planning documents, such as the Revocable Living Trust and Financial Durable Powers of Attorney, we typically name our spouses and then our children as our fiduciaries if we cannot act for ourselves. It would seem that the most common reason that would cause a fiduciary to act is the loss of mental capacity of […]
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Peace of Mind Now For Baby Boomers and Seniors Facing Retirement
A big issue now facing Baby Boomers and seniors is, surviving in retirement. We should have our “Ducks In A Row” now regarding health and financial issues, and there are many things we can do. Most of our clients do not have long term care insurance to pay for a stay in a nursing home. […]
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What Can The State Recover After I Die?
If you die after having been on Medi-Cal, the State will try to recover from your estate what they have paid out for your benefit. If there is nothing left in your estate, there is nothing for the State to take. If your home is still in your estate when you die, it could be subject […]
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IRAs and Medi-Cal Qualification
The Medi-Cal applicant can have any amount of IRAs that are in his name, and still qualify for Medi-Cal. For instance, the applicant could have $200,000 or more in his name in IRAs, and still be eligible for Medi-Cal. IRAs and work related pension funds are also exempt from Medi-Cal qualification. The only requirement is […]
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I Thought My Revocable Living Trust Protected My Assets from Medi-Cal
Many people who call our office are under the belief that because they have a revocable living trust, that their assets are exempt from Medi-Cal qualification. They also believe that their revocable living trust protects their assets from a Medi-Cal lien from recovery to the State after they die. Both notions are incorrect. When qualifying […]
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Baby Boomers Predict The Future!
Baby Boomers Predict The Future! Wouldn’t it be nice to be able to predict the future for us Baby Boomers, and start planning for it! But we do know certain things about our future … On average, 10,000 people are turning age 65 every day. It is predicted that at least 70% of people over […]
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VA Aid & Attendance 2013 Pension Benefit Amounts
The 2013 Maximum Aid & Attendance Pension Benefit Rates are set forth below. This is a wonderful benefit for older wartime veterans, which can help pay for the cost of in-home care, assisted living facilities and board and care. The benefit is “non service connected”, which means that qualification is not dependent upon a wartime injury. The veteran […]