Moravec Varga & Mooney

Introduction The loss of a loved one is never easy, and in addition to the emotional burden, the process of handling their estate can be overwhelming. One of the first and most crucial steps in settling the affairs of the deceased is obtaining their death certificate. This vital document serves as proof of death and is required for a variety of legal, financial, and personal matters. Whether you're a family member, an executor, or an estate administrator, understanding the pr

Introduction When planning your estate, one of the most important steps is ensuring your assets are distributed according to your wishes. In California, understanding the role of a contingent beneficiary is crucial to a smooth estate distribution process. But what exactly does this term mean, and why is it so important for your estate plan? In this post, we’ll explore the concept of a contingent beneficiary, how they differ from primary beneficiaries, and why they play a pivo

Short Answer: Estate planning for Restricted Stock Units (RSUs) requires strategic thinking to address tax implications, vesting schedules, and the transfer of company stock. Incorporating tools like trusts, tax elections, and life insurance can help manage RSUs effectively. Advanced planning ensures that these assets are distributed according to your wishes and minimizes the tax burden for your heirs. Introduction: Navigating the Complexities of RSUs in Estate Planning Restr

Introduction: When Life Changes, Your Estate Plan Should Too Divorce doesn’t just end a marriage — it reshapes nearly every part of your financial and legal life, including your estate plan. In California, a divorce can automatically revoke or modify certain rights in wills, trusts, and powers of attorney. But many documents require active updates to ensure your assets go where you intend. At Moravec, Varga & Mooney, we regularly counsel clients navigating divorce, remarriage

Short Answer: In California, deciding between outright distribution and continuing trusts for estate assets involves balancing simplicity, oversight, creditor protection, and long-term wealth preservation. Outright distributions provide immediate access and are easy to administer, but continuing trusts offer greater protection and oversight, particularly for minors, young adults, and individuals with financial management challenges. Introduction: Outright Distribution or Cont

Short Answer: When you own out-of-state property, it’s essential to address its transfer in your California estate plan. To avoid ancillary probate, create a revocable living trust, coordinate with attorneys in both states, and consider asset protection strategies like LLCs. Proper planning ensures smooth asset management, minimizes tax burdens, and protects your property from unnecessary legal delays. Introduction: Out-of-State Property in California Estate Planning – Why It

As of January 1, 2024, California eliminated asset/resource limits for many non-MAGI (Modified Adjusted Gross Income) Medi-Cal programs, meaning eligibility in those categories no longer depended on how many assets (property, savings, investments) a person had.  However, starting January 1, 2026 , California law is set to reinstate asset limits for these non-MAGI Medi-Cal programs.  According to guidance from the California Department of Health Care Services (DHCS) and advoca

For years, California has been modernizing Medi-Cal eligibility rules to make access easier for older adults and people with disabilities. In 2024, the state eliminated asset limits altogether, allowing many to qualify based solely on income. However, beginning January 1, 2026 , California will reinstate an asset-based test for many non-MAGI Medi-Cal programs — meaning your savings, investments, and property could once again affect your eligibility. 1. A Brief History of Med

Short Answer To avoid Medi-Cal estate recovery, California residents can use asset protection strategies such as revocable living trusts, irrevocable trusts, joint tenancies, and estate planning tools that legally transfer or shield assets from estate claims after death — ensuring that beneficiaries and heirs receive their inheritance without government liens or recovery actions. Introduction: Understanding the Hidden Cost of Medi-Cal Benefits For many California families, Me

Short Answer An unfunded trust occurs when assets are not properly transferred into the trust. Without proper funding, the trust cannot accomplish its purpose, leaving your estate exposed to probate, Medi-Cal estate recovery, and other risks. Funding a trust ensures proper asset protection, estate management, and safeguards for your family and beneficiaries. Introduction: Why Trust Funding Matters Establishing a trust is a cornerstone of modern estate planning. However, many

Short Answer:  California Code of Civil Procedure §704.115 protects certain retirement and private retirement plan assets from creditors — even in bankruptcy or judgment situations. For many Californians, this statute is the foundation of effective asset protection and estate planning. At Moravec, Varga & Mooney , we frequently advise clients on how to safeguard their assets without crossing into unlawful “asset hiding.” Section 704.115 offers one of the few lawful and time-t

Short answer:  You can  — but estate planning isn’t about filling out forms; it’s about protecting your life’s work, your family, and your intentions. In today’s digital world, it’s easy to believe that estate planning can be accomplished with a few clicks and a credit card. Online legal platforms advertise quick, inexpensive “trust kits” and “DIY will packages.” For many Californians, especially those with modest estates, the appeal is understandable: why hire an attorney if

Introduction Every family dreams of stability, protection, and financial security. Yet without effective estate planning, those dreams...

Introduction: Estate planning is one of the most crucial steps individuals and families can take to secure their financial legacy,...

Introduction: Clearing the Confusion Around Estate Planning When people hear the word “estate,” they often think of a last will and...