Moravec Varga & Mooney

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: The Transfer on Death (TOD) Deed allows California property owners to designate beneficiaries for real estate, bypassing probate. While it provides convenience, its rigidity, potential for family disputes, and challenges with Medi-Cal claims necessitate careful consideration. An estate plan with a comprehensive approach, including written instructions, powers of attorney, and up-to-date beneficiary designations, is crucial to ensure smooth asset distribution aft

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 Yes, Medi-Cal can potentially claim your home equity under estate recovery rules, but California law provides several exemptions and planning strategies. With proactive asset protection and careful estate planning, seniors can preserve their principal residence while qualifying for Medi-Cal long-term care benefits. Introduction: The Intersection of Home Equity and Medi-Cal For many seniors, their home represents both financial security and a lifetime of memorie

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 Preparing a Will as part of your estate plan ensures your assets, property, and final wishes are legally protected and distributed according to your desires — minimizing anxiety, reducing the probate process, and preserving your legacy for your loved ones. Introduction: Why a Will is the Cornerstone of an Estate Plan When it comes to estate planning, a Will is the most essential legal document that defines how your property, business, and assets will be distribut

Short Answer When a parent develops dementia, families have multiple care and financial options, including home care, assisted living, skilled nursing facilities, and Medi-Cal coverage. Proper estate planning, asset protection, and long-term care planning with an estate planning attorney can ensure your parent’s needs are met while preserving home equity, assets, and the family legacy. Introduction: The Challenges of Dementia Care Caring for a parent with dementia involves fa

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:  Yes, you can usually transfer a car without opening a probate case in California — if you follow the right steps. Vehicles are one of the few assets that the California Department of Motor Vehicles (DMV) allows to pass outside of formal probate when the estate meets certain criteria. The key is understanding whether the decedent’s total assets require probate and which transfer procedure applies. At Moravec, Varga & Mooney , we guide families through these tran

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...