Estate Planning And Business Law In Napa Valley And Beyond

Q: My sister and I would like to purchase a California investment property together, but she is able to invest more than I can. Can we own the property together in different percentages?

A: Yes, you can! In California, two individuals can take title to real property as tenants-in-common, and in whichever percentages the owners agree on. For example, your sister could own an 80% interest as a tenant-in-common while you own a 20% interest as a...

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Q: My father received a lot of assistance from Medi-Cal before he died in 2021, and now I’m worried they will make us repay all the benefits he received. What’s the current Medi-Cal recovery law?

A: The new Medi-Cal law essentially states that for anyone who dies after January 1, 2017, Medi-Cal is only allowed to recover reimbursement against assets that are subject to the decedet's probate estate. Or, said differently: Medi-Cal is prohibited from going after...

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Q: Am I allowed to name all of my children as co-trustees of my trust when I pass, or do I have to pick one person to be in charge of carrying out my wishes?

A: You can choose either option! There may be valid reasons to pick multiple people to act as the trustee, just as there may be valid reasons to only have one person acting at a time. An experienced estate planning attorney can usually advise as to what would make the...

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Q: My mother recently passed away and now I am the Successor Trustee of her trust. In a nutshell, what are my primary duties as the Successor Trustee?

A: The three primary duties you will have are the following: (1) the collection, safeguarding and evaluation of the Trust Estate assets; (2) the payment of debts and liabilities of the Trust; and (3) the timely distribution of the remaining Trust assets to the...

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