Written by Jill Roamer, J.D. CIPP/US California Probate Code 850 is infamously known throughout the state as the basis for a Heggstad Petition, named after the landmark case, Estate of Heggstad. In this case, the Grantor of a revocable living trust had transferred trust property back into his personal name for refinancing purposes. The Grantor died…
Written by Jill Roamer, J.D., CIPP/US When someone is unable to care for themselves, a guardian is oftentimes appointed. This guardian is responsible for the health and well-being of the ward. But what if the guardian doesn’t act in the ward’s best interest? What if the guardian’s actions caused harm to the ward? Should the…
Written by Jill Roamer, J.D. The legal authority to create a Qualified Disability Trust (QDisT) falls under §642(b)(2)(C) of the Internal Revenue Code. To qualify as a QDisT, the trust must meet the following criteria: A QDisT must be irrevocable. All beneficiaries must be disabled and receive Supplemental Security Income or Social Security Disability…
Written by Robert T. Nickerson When many people hear the term “estate plan”, they assume that the direction only flows from adult to child; as in once something happens to the parent, when the child (assuming their an adult) will be the beneficiaries to their assets. What most don’t know is that there are situations…
Written by Jill Roamer J.D. The Americans with Disabilities Act (ADA) is a broad-sweeping federal law meant to eliminate discrimination against those with disabilities. The ADA doesn’t specifically address polling places, but Title II requires equal voting rights for those with disabilities. As such, state and local governments must ensure that those with disabilities have…
Written by Jill Roamer J.D. A First-Party Special Needs Trust (SNT) and a Third-Party Supplemental Needs Trust (SNT) are used when a beneficiary would like access to extra funds without jeopardizing their eligibility for public benefits. Let’s review some key differences between these trusts. The First-Party SNT is irrevocable and is used when the assets…
Written By Robert T. Nickerson Ever since Britney Spears hit the news recently when she was declared independent, conservatorships have been getting more attention. This is nothing new. In fact, conservatorships are much more common then we think. Their not just something for celebrities to use when their not in the right mental mind to…
Written by Jill Roamer, J.D. & Marcheasa Minium, J.D. Trusts are certainly not the most perspicuous of legal inventions, but they can be a critical part of any family with a loved one with special needs. Experienced professionals understand the nuances of the various types of trusts available, what language is necessary, and which trust…
Written by Robert Nickerson It’s February, which means that for a lot of people, love is in the air. Valentines Day is more then a sweetheart’s day. It’s become something like Christmas to show how much effort we put into the people we love. This is why the holiday isn’t restricted to couples; I’ve seen…
Written by Robert T. Nickerson The theater and Broadway world was saddened by the news of which acclaimed composer/lyricist Stephen Sondheim, had finally lowered the curtains to life when he passed away from cardiovascular disease on November 26th, 2021. He was 91 years old. His legacy was richly filled with his work such as A Funny…