Probate proceedings typically take about a year to complete, and can take even longer depending on the assets and complexities of the case. After the petition is filed, notices are given and probate publication is made. Probate statutory time frames must be adhered to, and apply to various aspects of the probate, including filing dates, […]
Category Archives: Probate & Trust Administration
Content related to probate and trusts in California.
Many probates involve real estate where a mortgage or loan, is secured by a deed of trust which is recorded against title of the subject real property. Properly recorded mortgages survive the death of the borrower/owner of the property, and remain as liens against the real property through probate. As a result, mortgages are not […]
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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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Beware of Arbitration Clauses
The New York Times has examined, in a series of articles, the problems with mandatory arbitration agreements in consumer contracts. The articles examine “… how clauses buried in tens of thousands of contracts have deprived Americans of one of their most fundamental constitutional rights: their day in court.” The NY Times series discusses how consumers […]
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Special Needs Trust & Inheritance & Workshop 5-8-2014
Special Needs Trusts and Inheritance: Q: Our father just passed away and left $400,000 in his revocable living trust to myself and my brother. My brother is on SSI and will lose his benefit when he receives the inheritance. What should we do? A. There is a remedy for this problem when someone dies, and […]
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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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Medi-Cal and Life Insurance
An individual can have any amount of Term Life Insurance, and still qualify for Medi-Cal. Term life insurance has been defined as life insurance that pays a benefit in the event of the death of the insured. So if you have a life insurance policy that pays $10,000 upon your death to your son for instance, that […]
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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 […]