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A Special Needs Trust Can Now Be Designated as an Option Beneficiary

Effective January 1, 2017, Defined Benefit Program members and Cash Balance Benefit Program participants may designate a special needs trust or supplemental needs trust, as an option or annuity ...
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New Medi-Cal Recovery Law - Senate Bill (SB) 833

The new law provides for the following: Medi-Cal recovery applies only to those who are 55 years or older, were in nursing homes or participated in home and community based services; Avoids recovery ...
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The Trump Presidency & Your Estate

Last month's election of Donald Trump and Republican majorities in both our Senate and our House of Representatives have raised a number of significant financial uncertainties for some Americans-- ...
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Nursing Homes and What You Need to Know About Admission Agreements

Putting a love one in a nursing home is very difficult. When I had to place my Mom in a facility I cried the whole way. The last thing you need when you get there is to be bombarded with paperwork and ...
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Be Careful When Signing Nursing Home Arbitration Agreements

You hear about nursing homes in connection with abuse and neglect all the time. So if you are putting a loved one in a home, be careful not to get trapped into signing an arbitration agreement. ...
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What are Continuing Care Retirement Communities [CCRC]?

Continuing Care Retirement Communities or CCRCs, are retirement communities with accommodations for independent living, assisted living, and nursing home care, offering residents a continuum of care. ...
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Quiet Title Action in California

What is it? It is used in determining who the true owner of a property is or who holds the interests in a property. Quiet Title Action suits come about because of the various types of interests that ...
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Consolidation of Actions

The court may consolidate cases which involve common questions of law or fact, or involve identical parties with causes that could have been joined in a single action. California Code of Civil ...
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A Few Considerations in Commercial Leasing

Types of Retail leases Free-Standing Building Not located in Shopping Center Multitenant Building Not Located in Shopping Center Shopping Center (enclosed malls, open-air centers, and special purpose ...
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What is Portability?

Portability was added to the Job Creation Act of 2010 to allow the estate of a decedent who is survived by a spouse to make a “portability election” to allow the surviving spouse to apply ...
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The QTIP Trust

Estate planning requires special attention in a second marriage when one of the spouses has more assets than the other. One of the tools to help couples in this situation is the QTIP Trust or ...
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What is a First Party Special Needs Trust?

A First Party Special Needs Trust [“SNT”] is established by a disabled person to hold their assets so that they do not lose government benefits. An SNT is used to hold an inheritance, ...
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The Able Act

The ABLE Act – Achieving a Better Life Experience –was enacted by the federal government in late 2014. This Act’s purpose is to provide a means for special needs individuals to save ...
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Deadline to file a notice of appeal

You can file a notice of appeal as soon as the order or judgment you want to appeal is signed by the superior court judge and stamped "Filed" by the court clerk. The judgment is ...
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Benefits of Having a Comprehensive Durable Power of Attorney

It is so important to have a detailed and comprehensive durable power of attorney. Unfortunately many durable powers of attorney are too general and cause problems, especially for seniors. Before a ...
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What Are the Roles of Elder Lawyers?

Elder law is not just about the elderly. It can also include individuals with special needs, veterans who need benefits and estate planning. Since our health care and financial needs change as we age, ...
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Veterans Administration Pension Benefits

Veterans Administration Pension Benefits are paid to veterans who were in military service during wartime and who have little or no income. Veterans who have serious disabilities may qualify for Aid ...
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Medi-Cal Recovery

Medi-Cal Recovery By Ivette M. Santaella We receive many phone calls regarding Medi-Cal recovery. Many people fear that Medi-Cal will put a lien on their home and that they will lose their homes. ...
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What Are The Rules as to Proper Nursing Home Transfer & Discharge?

We receive many calls from distressed families whose parents are being asked to leave nursing homes with little if any notice. They are in a panic state because there are on long waiting lists at ...
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What is an Elder Law Attorney?

What is an Elder Law Attorney? When people hear the term “Elder Law Attorney”, they commonly think that of an attorney who focuses their practice on senior citizens. That is just a small ...
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Suborning Perjury

Suborning Perjury Most of the time, merely knowing that someone else is planning on committing perjury, without trying to make it happen, will not amount to suborning perjury. However, attorneys are ...
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Novation A novation is the substitution of a new obligation for an existing one [Civ. Code § 1530]. It requires an intent to discharge the old contract, mutual assent, and consideration. A ...
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Transfer with intent to defraud or transfer not given in exchange for value: Determining actual intent

· (a) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was ...
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Marital Deduction

For married couples, understanding how the marital deduction works is very important for tax and estate planning. The marital deduction provides for unlimited tax-free transfers between spouses during ...
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Blackwell, Santaella & Jahangiri LLP - San Ramon Estate Planning & Business Lawyer
111 Deerwood Road
Suite 200

San Ramon, CA 94583
Phone: (925) 831-4840

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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