Meissner Joseph Ruggles, Inc.

Can I Use a Miller Trust (Qualified Income Trust [QIT]) in California?

Check out Jennifer Rouse's latest blog post discussing this topic on our website:

Can I Use a Miller Trust (Qualified Income Trust [QIT]) in California? | Meissner Joseph Ruggles, Inc. I recently was contacted by a potential client asking me to set up a Miller Trust for them. I have to admit that I did not know what they were talking about but discovered that was for good reason since California does not allow Miller Trusts otherwise known as Qualified Income Trusts or QIT. A

Question: What are the costs associated with probate in California?

Answer: The costs of probating an estate are very high. Often triple what it would cost to administer a trust. Probate costs include court fees, appraisal costs, and legal fees. In California, statutory attorney fees and executor fees are set as a percentage of the estate’s value, starting at 4% for the first $100,000, decreasing incrementally for amounts over that. The initial costs to start a probate consist of the filing fee of $435 and the cost to publish notice can run $350. Although these costs will be reimbursed by the estate, the fees are due at filing.

Protecting Your Assets: How to Lawsuit-Proof Your Trust in California

Mauriah Conway, Esq.'s latest blog is up on our website:

https://www.lawofficeinc.com/blog/2024/08/protecting-your-assets-how-to-lawsuit-proof-your-trust-in-california/

Is Your Do Not Resuscitate Tattoo Legally Valid?

Check out Jennifer Rouse's latest blog post on our website: https://www.lawofficeinc.com/blog/2024/08/is-my-do-not-resuscitate-tattoo-legally-valid/

What does it take to sell a personal residence in a conservatorship of the estate?

Jennifer Rouse has a new blog post up on our website addressing this question!

https://www.lawofficeinc.com/blog/2024/07/what-does-it-take-to-sell-a-personal-residence-in-a-conservatorship-of-the-estate/

Mauriah Conway, Esq. has a new blog post up on our website:

WHY COLLEGE STUDENTS NEED POWER OF ATTORNEY FOR FINANCES AND ADVANCE HEALTHCARE DIRECTIVES: A CRUCIAL STEP BEFORE HEADING OFF TO COLLEGE

https://www.lawofficeinc.com/blog/2024/07/why-college-students-need-power-of-attorney-for-finances-and-advance-healthcare-directives-a-crucial-step-before-heading-off-to-college/

When is trust administration needed in California?

A trust administration is needed when the trustor also referred to as settlor passes away, leaving behind a trust that must be administered. It is also necessary when a trustor/settlor becomes incapacitated and has prepared a living trust outlining the management and disposition of their assets. Depending on the type of trust, for married couples, when the first spouse passes away there can be a lot of work that needs to be done or just a few cleanup items. Typically, affidavit of death of trustee will need to be recorded, the original will should be lodged with the court, and notices must be sent to beneficiaries and heirs. It is always a good idea to meet with your trust attorney to make sure any items required at the passing of a trustor/settlor are completed.

Disclaimer: The information provided in this post is for general informational purposes only and does not constitute legal advice or a guarantee, warranty, or prediction regarding the outcome of your legal matter. Every situation is unique; please consult a licensed attorney for advice tailored to your specific circumstances.
For more information and to speak with an attorney you can contact: https://www.lawofficeinc.com/attorney/conway-mauriah/

Did you know that conservators of the person must file a care plan periodically with the court starting January 1st, 2025? To learn more, check out Jennifer Rouse's latest blog post on our website:

https://www.lawofficeinc.com/blog/2024/07/conservators-of-the-person-must-file-a-care-plan-periodically-with-the-court-staring-january-1-2025/

Question: What are the steps involved in the probate process?

Answer: The main steps include filing a petition for probate, notifying heirs and creditors, inventorying the estate assets, paying the estate’s debts and taxes, and finally distributing the remaining assets to the rightful heirs or beneficiaries.

Ever wondered what a substituted judgment petition in a conservatorship is? This blog is for you! Check out Jennifer Rouse's latest blog on our website:

What is a Substituted Judgment Petition in a Conservatorship? | Meissner Joseph Ruggles, Inc. In a conservatorship of the estate, there may be several types of transactions that need to be handled by the conservator of the estate which requires the court to specifically approve. This is where a petition for substituted judgment is used. Basically, it is where the conservator of the estate as...

Question: What is a trust administration?
Answer: A trust administration is the process by which a trustee manages and distributes the assets of a trust after the death of the Settlor also referred to as a Trustor (the individual who created the trust). This process is guided by the trust document's terms and applicable state laws. The trustee is the person named in the estate planning trust agreement to navigate the administration process. The Trustee collects assets, pays bills and ultimately distributes the Trust estate to the beneficiaries. Before a Trustee can distribute any assets to the beneficiaries certain notices must be served and other actions must be completed.

Disclaimer: The information provided in this post is for general informational purposes only and does not constitute legal advice or a guarantee, warranty, or prediction regarding the outcome of your legal matter. Every situation is unique; please consult a licensed attorney for advice tailored to your specific circumstances.
For more information and to speak with an attorney you can contact: https://www.lawofficeinc.com/attorney/conway-mauriah/

SSI Recipients Will Be Able to Receive Informal Food Assistance Starting in September 2024 Without Reducing their SSI Benefits.

See Jennifer Rouse's most recent blog post on this topic below:

https://www.lawofficeinc.com/blog/2024/06/ssi-recipients-will-be-able-to-receive-informal-food-assistance-starting-in-september-2024-without-reducing-their-ssi-benefits/

DEMYSTIFYING TRUSTEE ACCOUNTINGS: A COMPREHENSIVE GUIDE

Check out Mauriah Conway, Esq.'s latest blog post on our website:

https://www.lawofficeinc.com/blog/2024/06/demystifying-trustee-accountings-a-comprehensive-guide/

Meissner Joseph Ruggles, Inc. is pleased to announce the re-opening of our firm’s office in Davis! For many years we have been privileged to serve clients in the greater Yolo and Solano County areas and we are very excited to again offer a more accessible and convenient meeting location to these valued clients and communities.

The new Davis office is located at 2800 5th Street, Suite 110, in Davis, California 95618, conveniently situated just few minutes off the Mace Blvd. exit of Interstate 80.

To schedule an appointment with one of our attorneys in our Davis, Sacramento, or Roseville offices, please call us at (916) 920-5983.

Do You Have a Beneficiary Receiving Section 8 Housing Assistance? How to Address That Issue in Your Estate Plan.

Check out Jennifer Rouse's latest blog post on our website!

Do You Have a Beneficiary Receiving Section 8 Housing Assistance? How to Address That Issue in Your Estate Plan | Meissner Joseph Ruggles, Inc. If you have a beneficiary who is or may receive housing assistance under Section 8, formally known as Housing Choice Voucher Program, you should be aware of the new asset and income restrictions that went into effect on January 1, 2024. The new provisions were implemented by the U.S. Department of H...

What is a Disclaimer Trust and what are its Pros and Cons?

See our latest blog post on this topic written by attorneys Jennifer Rouse and Amy Ruggles.

What is a Disclaimer Trust and what are its Pros and Cons? | Meissner Joseph Ruggles, Inc. A common discussion that we have with married couples is whether a disclaimer trust is an appropriate option in their estate plan. Part of that discussion is explaining a disclaimer trust and its pros and cons. This post will summarize that discussion, but it is important to discuss your specific si...

Question: What taxes need to be paid during an estate or trust administration?

Answer: Trusts can be subject to various taxes, including income taxes on earnings, possible estate taxes if applicable, and property taxes for real estate. The specifics depend on the type of trust, the assets held in the trust, and the tax laws at the time of the trustor's death. Further, many taxes can be “pushed” through to the beneficiary. This can be advantageous as individuals typically are taxed at a lower bracket than trusts. In addition to filing a decedent’s final return, fiduciary returns often need to be filed as well. Working with a CPA and an attorney during an Estate or Trust Administration will ensure that you are navigating the taxes complexities correctly.

Disclaimer: The information provided in this post is for general informational purposes only and does not constitute legal advice or a guarantee, warranty, or prediction regarding the outcome of your legal matter. Every situation is unique; please consult a licensed attorney for advice tailored to your specific circumstances.
For more information and to speak with an attorney you can contact: https://www.lawofficeinc.com/attorney/conway-mauriah/

Navigating the Responsibilities of a Trustee

Mauriah Conway, Esq. has an excellent new blog post on our website! Check it out:

https://www.lawofficeinc.com/blog/2024/05/navigating-the-responsibilities-of-a-trustee/

What are the options for a minor to receive a large amount of money?

Check out attorney Jennifer Rouse's latest blog post!

https://www.lawofficeinc.com/blog/2024/05/what-are-the-options-for-a-minor-to-receive-a-large-amount-of-money/

Question: Many times, probate can be avoided, so when is probate actually needed in California?

Answer: Probate is generally required in California if the deceased person owned assets in their name alone worth more than $188,500. However, certain assets, like those held in a trust, jointly owned assets, or accounts with designated beneficiaries are not included in the calculation to determine if a deceased person's estate meets the probate threshold. Even if a probate is opened these assets typically bypass probate. Trusts also avoid a probate.

RUFADAA!!! No, I did not just sneeze, I am talking about the act governing a fiduciary's access to digital assets!

See Jennifer Rouse's latest blog post on this topic:

https://www.lawofficeinc.com/blog/2024/05/rufadaa-no-i-did-not-just-sneeze-i-am-talking-about-the-act-governing-a-fiduciarys-access-to-digital-assets/

What is a Supported Decision-Making Agreement?

Check out Jennifer Rouse's latest blog post if you have an adult with disabilities in your life:

https://www.lawofficeinc.com/blog/2024/04/what-is-a-supported-decision-making-agreement/

Question: Do I need an attorney for Trust Administration in California?

Answer: While it is possible to handle trust administrations without an attorney, navigating the legal, tax, and administrative duties can be complex. It is advisable to consult with an attorney who handles both estate planning and trust administration to ensure that all legal requirements are met and to help guide the trustee through the process. Using an attorney to represent you as a trustee not only protects you in your fiduciary role but also makes the process take significantly less time. Working with an attorney who not only prepares estate plans but also administers estate plans is an added benefit, that attorney understands the actual mechanics of administration.

To find out more: https://www.lawofficeinc.com/conway-mauriah/

Check out Jennifer Rouse's latest blog post on our website:

Can a Special Needs Trust Pay for a Trip to Disneyland?

https://www.lawofficeinc.com/blog/2024/04/can-a-special-needs-trust-pay-for-a-trip-to-disneyland/

Question: Often, the most common question I get about probate, is what is probate?

Answer: Probate is a legal process where a court oversees the distribution of a deceased person's assets. This court process starts when someone, usually a family member, brings a petition in probate court. The probate process ensures that debts are paid and that assets are distributed according to a decedent’s will, or if there is no will, according to California’s laws of intestacy.

Use the link below to find out more.
https://www.lawofficeinc.com/

Understanding Trust Administration vs. Probate Process in California: A Brief Comparison

Check out Mauriah Conway, Esq.'s latest blog post on our website:

https://www.lawofficeinc.com/blog/2024/04/understanding-trust-administration-vs-probate-process-in-california-a-brief-comparison/

Mauriah Conway has a new blog post: Understanding California Probate Code Section 16061.7: A Trustee’s Guide

As an attorney specializing in estate planning and probate law, I often encounter clients who are navigating the complexities of California's legal system for the first time. One area that frequently arises is the requirement outlined in California Probate Code Section 16061.7 regarding notice to beneficiaries and heirs. In this blog post, I'll break down what this section entails when notice must be given, who receives notice, and the potential consequences of failing to provide proper notification.

You can check out the rest of the blog post at our website: https://www.lawofficeinc.com/blog/2024/02/understanding-california-probate-code-section-16061-7-a-trustees-guide/

Contact Mauriah Conway, Esq. to assist you with all of your Estate Planning, Probate and Trust Administration Needs (916)920-5983.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Please consult with a qualified attorney for guidance specific to your situation.

The Battle Between Powers of Attorney and Financial Institutions

Attorney Jennifer Rouse's latest blog post is up on our website today:

https://www.lawofficeinc.com/blog/2024/03/the-battle-between-powers-of-attorney-and-financial-institutions/

LOVE AND MARRIAGE AND CONSERVATORSHIP – THE INTERPLAY OF CONSERVATORSHIP AND THE RIGHT TO MARRY

Check out Jennifer Rouse's latest blog post on our website:

https://www.lawofficeinc.com/blog/2024/03/love-and-marriage-and-conservatorship-the-interplay-of-conservatorship-and-the-right-to-marry/