how to avoid probate in california

9 Ways to Avoid Probate in California

Savvy California homeowners usually choose living trust as their estate planning tool of choice. A trust offers the ultimate “control from the grave” as it enables individuals and families to leave clear, executable instructions on how their assets should be distributed upon their death. Having a trust in place also avoids probate in California. 

In addition to a living trust, there are other exceptions to probate. We are going to go over all of them in this article.

read more
will vs trust in California

Will vs Living Trust in California: Which One Gives Better “Control from the Grave”?

Planning on what happens after we pass away makes many Americans uncomfortable. Pondering one’s death is hardly a desirable topic but the consequences of failing to make arrangements on what happens to your assets upon your death can be a lot more unpleasant than the planning process itself. Especially considering that we don’t get to redo our will or living trust once we pass away.

read more
Proposition 19 consequences to homeowners

Recently Passed CA Proposition 19 - How it Affects Homeowner Property Taxes

The recent passage of California Proposition 19 means substantial changes to the manner in which real property is reassessed in California.  These changes will bring greater flexibility to certain property owners who are over 55 or the victims of natural disasters but will mean greater restrictions on certain intra-family transfers (aka parent to child or grandparent to grandchild). 

read more
medi-cal recovery laws

The New Medi-Cal Recovery Laws

For individuals who die prior to January 1, 2017, the current recovery rules will apply, however, a new day will arise starting January 1, 2017.  Starting January 1, 2017, homeowners will longer have to choose between healthcare or passing their home to their children.  CANHR has provided a booklet which outlines applicable rules for both the current law, and the new law.

What is Medi-Cal?
Medi-Cal is California’s version of the Medicaid program that is funded jointly by the state and federal governments. It is designed to provide free or low-cost medical assistance for low income or low-resource individuals. There are many different Medi-Cal programs, and eligibility may depend on factors such as age, disability, income or assets. Covered California is California’s version of the Affordable Care Act’s health insurance exchange. It is not a Medi-Cal program. Any tax credits or subsidies received through Covered California are not subject to Medi-Cal recovery.

read more

New Law! Medi-Cal Cannot Touch Your Home

California  Senator Ed Hernandez  says  that Medi-Cal recovery forces homeowners who are over age 55 and who need Medi-Cal to choose between their own health care or passing their modest homes to their children.

Many have echoed the same sentiment that millions of low-income Californians age 55 and older are reluctant to enroll in Medi-Cal because they are afraid that the state will take their house when they die. It is true that California’s Medi-Cal program has long looked to the house that mom and dad have left to their children to recoup public money spent on the parents’ healthcare in the last years of their parents’ life.

read more