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Los Angeles Probate, Estate & Tax Blog
Recent developments in Probate, Estate and Tax Law.
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California’s Move to Reinstate an Asset Test for Medi-Cal 2026
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


The Return of the Asset-Based Test for Medi-Cal: What Californians Need to Know
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


How to Avoid Medi-Cal Estate Recovery in California
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


The Dangers of an Unfunded Trust: Protecting Your Estate and Legacy
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


Asset Protection Through Retirement Plans - Understanding the Benefits of California Code of Civil Procedure Section 704.115
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


Can I Do My Own Estate Planning? A Lawyer’s Perspective
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


How to Secure Your Family’s Future with Effective Estate Planning
Introduction Every family dreams of stability, protection, and financial security. Yet without effective estate planning, those dreams...


Top 6 Estate Planning Myths Debunked: Will Power Explained
Introduction: Estate planning is one of the most crucial steps individuals and families can take to secure their financial legacy,...


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


What Is Fair in a Second Marriage and Estate Planning?
Introduction: Marriage is a celebration of commitment, but when it comes to second marriages, estate planning introduces a complex web of...


How to Handle Cryptocurrency in Your Estate Plan: A California Guide (2025 Update)
Short Answe r: To properly handle cryptocurrency in your estate plan, you must clearly document your holdings, securely store access...


Can I Start an Estate Plan Before Marrying? What You Need to Know
Short Answer: Yes, you can—and should—start an estate plan before getting married. Doing so allows you to protect your assets, name...


How to Avoid a Nursing Home Taking Your House in California
📌 Quick Answer: To avoid a nursing home or Medi-Cal taking your house, you need to plan ahead by using legal tools such as irrevocable...


How to Protect Assets From Medi-Cal in California? Complete Guide
📌 Quick Answer: To protect assets from Medi-Cal recovery in California, you can use tools such as trusts, gifting strategies, exempt...


How to Find a Trustworthy Estate Planning Attorney in California
📌 Quick Answer: To find a qualified estate planning attorney, look for someone with experience in wills, trusts, and probate law in your...
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