Estate planning is very critical for families with loved ones who have disabilities and depend on public benefits like Supplemental Security Income (SSI) and Medi-Cal (California’s Medicaid program). Why? Because SSI beneficiaries often become ineligible for “means-tested” public benefits when they receive an inheritance outside of an appropriate trust vehicle.

Do you have a special needs child?  Do you have a child on the autism spectrum?  Do you intend on leaving an inheritance to an adult beneficiary who struggles with severe depression?  Is a beneficiary of your estate plan “on SSI?”  Do you anticipate someone else, such as a grandparent, leaving an inheritance to your special needs child?  If you answered yes to any one of these questions, then you should consider creating a particular type of trust known as a third party special needs trust (SNT), also sometimes called a supplemental needs trust.

The Final Regulations clarify various ambiguities, including but not limited to the following: Special rules for surviving spouses that extend the time period in which the surviving spouse can “stretch” the account.  This is one of the biggest and most advantageous takeaways from the Final Regulations. Another major “win” for families are the special rules for children of the deceased participant who, at the time of the participant-parent’s death, had not reached the age of majority.  In short, if the child was a minor (under the age of 21), there may be planning strategies available to “stretch” the IRA.

As you may or may not be aware (if you’re not, you need to be!), at the end of 2019, Congress passed the Setting Every Community Up for Retirement Enhancement (SECURE) Act.  Since then . . . Ryan works to assist his California clients understand how death, trusts, beneficiary designations, and retirement and inheritance objectives intertwine with the SECURE Act in light of the long anticipated, and now received, Final Regulations.

As of 2024, California has updated its Medi-Cal rules for long-term care eligibility (AB 133), making it easier for more people to qualify. Here are the key changes in simple terms. No Asset Limit: Previously . . .

Estate planning is an essential process that ensures your assets are distributed according to your wishes upon your incapacity and after your death. In California, several key documents form the backbone of an effective estate plan. Here, we’ll guide you through . . .

What’s a “hot asset,” anyway?  Is it the newest meme stock on Reddit?  Good guess, but no.  In the estate planning world, the notion of “hot assets” and “cold assets” relates to . . .

This question often has an easy answer: Joint ownership is (often) . . . bad! In many instances, the drawbacks . . .

Estate planning is a crucial aspect of ensuring that your assets are distributed according to your wishes after your passing. But estate planning also involves . . .

So your kids are adults. Or are they? Well, one of your kids is married, but you have your doubts as to . . .