Setting The Incapacity ‘Trigger’ in Your POA & Trust: Two Doctors or One?

Q. I am in my late 80’s and am updating my estate plan. I find I have an important decision to make:  in my Power of Attorney (“POA”) and my Trust, if I ever lose mental capacity should I require the opinion of two doctors, or just one, to certify my incapacity before duties transfer… Read More »

Decanting: A New Way To Reform A Trust After the Death of the Trustor

Q. My brother created a trust a few years back, naming our sister as one of his beneficiaries and me as the Trustee. He recently died and we now have a problem:  our sister receives public benefits (Medi-Cal and SSI) and the receipt of an inheritance would cause her to lose those benefits.  Is there… Read More »

New Protections For Widowed Homeowners Facing Foreclosure

Q.  I hear there is a new law which protects widows from losing their homes in foreclosure when a spouse dies. Do you know anything about that? A.   Yes. I believe you refer to the new California law referred to as the “Survivor Bill Of Rights” (SB 1150), effective January 1, 2017.  SB 1150 now… Read More »

New Law: Medi-Cal To Dramatically Scale Back Estate Recovery

Q.  My husband receives a Medi-Cal subsidy to help with his nursing home expense, and I have long worried about protecting our home from a later Medi-Cal “payback” claim. I heard there might be some changes coming.  Do you know anything about this? A. Yes, indeed, there are big changes coming! Gov. Jerry Brown just signed… Read More »