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 »

Planning an Inheritance for A Child or Grandchild on Public Benefits: The Special Needs Trust?

Q.  One of my grandchildren has a disability and receives SSI and Medi-Cal. I would like to leave him a bequest from my estate when I pass. But won’t doing so cause him to lose his public benefits? A.  Not if you plan correctly. As you probably know, your grandson cannot have more than $2,000… 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 »