Wills and Trusts – Occasionally, a client wants a simple will, and no trust, or a non-probate transfer document, other than a will or a trust. Also included under this service heading, for example, are
Trust Litigation – for situations where a beneficiary or other interested party challenges the creation of the trust, on the grounds of undue influence, for example, or demands an accounting, just as in a probate, or challenges the competency or the trustworthiness of the trustee of the trust. These are all situations where the Elder Law attorney can fulfill the needs of the person challenged or the person doing the challenging.
Special Needs Trusts are required for persons receiving public benefits that are needs based (as opposed to entitlement based), who come into money, either through inheritance, or by way of settlement of a personal injury claim, for example
Revocable Trusts enable a beneficiary to avoid the cost and time expended involving a probate
Irrevocable Trusts enable a Medi-cal benefit recipient to transfer their home to beneficiary(s) in order to protect the home from a Medi-cal claim, while preserving the available Capital Gains tax relief benefits for the beneficiaries.
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