sydneymiller

If you have a beneficiary who is or may receive housing assistance under Section 8, formally known as Housing Choice Voucher Program, you should be aware of the new asset and income restrictions that went into effect on January 1, 2024.  The new provisions were...

A common discussion that we have with married couples is whether a disclaimer trust is an appropriate option in their estate plan.    Part of that discussion is explaining a disclaimer trust and its pros and cons.  This post will summarize that discussion, but it is...

Acting as Trustee can be a thankless job.  If you have ever been a trustee, you are well aware that it is a lot of work and, depending on the beneficiaries, can be very time consuming and stressful.  Luckily, I can represent Trustees rather than be a trustee. ...

The question regarding the options for someone under the age of 18 to receive cash assets from an estate, a trust, a settlement, or through a beneficiary designation comes up a lot.  So long as the minor is not emancipated or married, a court proceeding will likely be...

It is always a fun question to ask my clients, especially my younger clients, who they want to have access to their cell phones.  Our handheld computers have become the new diary for many, and you may not want certain people to have full access to your “diary” – I am...

A new topic in my conversations with proposed conservators is whether a supported decision-making agreement is an option in lieu of filing to be appointed a conservator.  As of 2024, the Confidential Supplemental Information form – one of the many court filings for a...

I represent a lot of trustees of special needs trusts (SNT) including court supervised first-party SNTs.  My clients who are trustees of first-party SNTs that have been established through a court process have to report every penny that comes and every penny that...

Introduction: Navigating through the legal procedures after the passing of a loved one can be overwhelming, especially when it comes to managing their estate. In California, two primary avenues for estate settlement are trust administration and probate. Both serve the...

A big frustration in an estate planning practice involves powers of attorney and getting banks to recognize them.   Powers of attorney are important because they are an alternative to a conservatorship and are very helpful in other situations as well. I recommend that...

A conservatee’s ability to get married (or enter into a domestic partnership) is a popular topic that I have discussed with clients on several occasions.  It was also an issue in Brittany Spears’ conservatorship. A marriage (or domestic partnership) is a contractual...