
New Case Alert: Pratt v. Ferguson
CunninghamLegal – The Living Trust Lawyers
Case Analysis, by Jim Cunningham:
When writing a trust that contains a spendthrift provision, a client should consider using a trust protector as well as being able to decant the trust.
This means that the trust protector can move the trust site out of the state of California and create a new trust in a jurisdiction that does not permit invasion...

Out of the Box – What happens when property is not titled in your trust?
CunninghamLegal – The Living Trust Lawyers
I often tell clients to consider a living trust like a box with instructions written on the side. Assets, including real estate, bank accounts and brokerage accounts are put into the box. The writing on the side of the box instructs a person (called the “Trustee”) what to do with the items in the box after someone dies. Assets are “put” into...

Major Changes for Medi-Cal Estate Recovery
CunninghamLegal – The Living Trust Lawyers
This year, Governor Brown signed into law SB 833 which will bring major changes to Medi-Cal estate recovery laws beginning January 1, 2017. Generally speaking, the state is required to seek reimbursement for Medi-Cal benefits paid out to an individual over age 55 or to an individual of any age who is an inpatient in a nursing facility.
Federal...