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 […]
Tag Archives: Probate Attorney Walnut Creek CA
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 […]
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, […]
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 […]
Probate Attorney Contra Costa County, probate attorney for realtors, Probate Attorney Walnut Creek, Probate Attorney Walnut Creek CA, Probates Contra Costa County, Probates for Realtors, Probates with Real Estate, Walnut Creek Elder Law, Walnut Creek Probate Attorney, Walnut Creek Probate Attorney
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 […]
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 […]
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 […]
Alzheimer's Medi-Cal, Asset Protection Attorney Walnut Creek, Baby Boomer Estate Planning, Baby Boomer Estate Planning, Contra Costa Nursing Home Attorney, Elder Law Attorney Walnut Creek, Estate Planning Attorney, Hospice Care Walnut Creek, Medi-Cal Attorney Walnut Creek CA, Medi-Cal Gifting Walnut Creek, Nursing Home Attorney Walnut Creek, Parkinson's disease Walnut Creek, Pay Nursing Home Care Walnut Creek, Probate Attorney Walnut Creek, Probate Attorney Walnut Creek CA, Senior Law Attorney Walnut Creek, Special Needs Trusts, Trust Attorney Walnut Creek, Walnut Creek Elder Law, Walnut Creek Medi-Cal Qualification
Medi-Cal Treatment of Reverse Mortgages
Reverse mortgage loans are designed for homeowners who are 62 years of age or older, and who have a substantial amount of equity in their homes. The amount of equity is usually the difference between the fair market appraised value of your property, and the amount due on existing mortgages. As the borrower under a […]
Alzheimer's Medi-Cal, Asset Protection Attorney Walnut Creek, Brentwood Senior Law Attorney, Elder Law Attorney Walnut Creek, Estate Planning for Baby Boomers, Hospice Care Walnut Creek, Medi-Cal Attorney Walnut Creek, Medi-Cal Attorney Walnut Creek CA, Medi-Cal Gifting Walnut Creek, Nursing Home Attorney Walnut Creek, Parkinson's disease Walnut Creek, Pay Nursing Home Care Walnut Creek, Trust Attorney Walnut Creek
Medi-Cal Community Spouse Resource Allowance (CSRA) As of January 1, 2018
When one spouse applies for Medi-Cal, the state will look at the assets of both spouses for qualification of the ill spouse. As of January 1, 2018, the community spouse, also known as the “at-home” spouse, or the “well spouse”, may retain up to $123,600 in liquid assets. The ill spouse cannot have more than […]
Alzheimer's Medi-Cal, Asset Protection Attorney Walnut Creek, Baby Boomer Estate Planning, Baby Boomer Estate Planning, Brentwood Elder Law Attorney, Brentwood Senior Law Attorney, Contra Costa Nursing Home Attorney, Elder Law Attorney Contra Costa, elder law attorney Pleasant Hill, Elder Law Attorney Walnut Creek, Hospice Care Walnut Creek, Medi-Cal Attorney Pleasant Hill CA, Medi-Cal Attorney Walnut Creek, Medi-Cal Attorney Walnut Creek CA, Medi-Cal Gifting Walnut Creek, Nursing Home Attorney Brentwood, Nursing Home Attorney Walnut Creek, Parkinson's disease Walnut Creek, Pay for Cost of Long Term Care Walnut Creek, Pay Nursing Home Care Walnut Creek, Pleasant Hill Senior Law Attorney, Probate Attorney Walnut Creek, Probate Attorney Walnut Creek CA, Senior Law Attorney Walnut Creek, senior law walnut creek, Special Needs Trusts, Trust Attorney Walnut Creek, VA Aid & Attendance Attorney Walnut Creek, Walnut Creek Elder Law, Walnut Creek Medi-Cal Qualification
Your Home and The “Heggstad” Petition
Your home should be transferred to your revocable living trust for various reasons. One reason is to avoid probate of your home upon your death. Another reason is that as of January 1, 2017, if you die after having been on Medi-Cal, the state will not be able to pursue recovery against your home if […]
- 1
- 2