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Professional Insights and Helpful Information
Disclaimer of Property
Disclaimer of Property A disclaimer of property is an estate planning tool that allows you to redistribute transfers of assets or property by refusing to accept a gift, bequest, or other form of property transfer. Once disclaimed, the property is t [...]
Types of Capacity
Types of Capacity Testamentary Capacity verses Contractual Capacity Two primary types of capacity include Testamentary Capacity and Contractual Capacity. Each differs in a unique way.Testamentary CapacityTestamentary capacity refers to the ability [...]
Utah Medicaid Rules
Utah Medicaid Rules 2020 Utah Medicaid Rules for 2020 are in and it is important to stay informed of the changes.WHAT IS MEDICAID?Medicaid is a health benefit program for families and individuals who are eligible. See What is Medicaid? brochure for [...]
Maximize PPP Funds
Maximize PPP Funds Make the Most of Your Payroll Protection Plan Funds Despite widespread stories of a chaotic roll-out of the CARES Act Payroll Protection Program (PPP), some of the first companies to apply have already received their funds. Wh [...]
PPP Basics
PPP Basics Basics on the Payroll Protection Plan (PPP) While the Payroll Protection Program application process may seem overwhelming, there are some PPP basics that can help you through the process. What is the Payroll Protection Program (PPP)? [...]
Dementia Care
Dementia Care Dementia care begins with custodial care: routine personal care that does not require the attention of trained medical staff. Intermediate care is the step beyond that, when medical care is necessary, but not constant; and at the lev [...]
Inherited Roth IRA
Inherited Roth IRA Understanding the Tax Ramifications of an Inherited Roth IRA A common misconception of an inherited Roth IRA is that upon the account holder’s death, his or her beneficiaries do not need to pay any taxes on the inherited retire [...]
Gift Tax Planning
Gift Tax Planning A Way of Protecting Your Estate from Taxes, Creditors, and Others Gift tax planning can help to ensure that your state stays with your family and not the government or creditor. Here are the basics about Gift tax planning. See o [...]
Secure Act of 2020
The Secure Act of 2020: What Can We Expect Now? In the last 3 and a half years there have been two major tax law changes having to retirement and 529 accounts. Of course, as with any tax changes by our dysfunctional government, they come in the 11 [...]
Probate Emergency
Ex Partes or Emergency Hearings in Probate Matters On occasion, a client calls me and informs me that he or she is faced with a pressing probate emergency in one of our cases. This is particularly difficult because as a general rule, in probate, we [...]
Independent Contractor
Are you employed or an independent contractor? California Assembly Bill 5 or AB 5 is a California law which limits the use of classifying workers as independent contractors rather than employees by companies in the state. Employees are entitled to [...]
Probate Pitfalls
Potential Pitfalls of Probate Probate pitfalls can make a complicated process a little more daunting. One of the most difficult situations, that we encounter as attorneys in probate cases, happens when a potential client calls in and says that some [...]
Title Surplus
Title Surplus Funds From Foreclosure Title surplus funds or “Surplus funds” or “surplus” typically refer to funds remaining after payment of all disbursements required by the final judgment of foreclosure and shown on the certificate of disbursemen [...]
VA Look Back
VA Look Back 2018 Net Income Rules for Aid & Attendance, Housebound, and Basic Eligibility In September of 2018, the Department of Veterans Affairs (VA) released new rules for non-service connected disability pensions. These are needs-based pension [...]
Holographic Will
Holographic Will pursuant to CA Probate Code Section 6111 What Is a Holographic Will in California? Any Will that has been written out by hand and signed by the testator is a Holographic Will; compared to the Will created by an Attorney which wou [...]
Probate and Creditors
Probate and Creditors Probate and creditors and the challenge of who can administer an estate can be a tricky. From time to time, we at Beyer Pongratz and Rosen encounter the idea that a creditor could be a potential executor under a Probate. In [...]
Estate Recovery
Estate Recovery Program “Straight from the horse’s mouth – Department of Healthcare Services” What is Estate Recovery? The Medi-Cal program must seek repayment from the estates of certain deceased Medi-Cal members. Repayment only applies to benefi [...]
Portability of Estate Tax Exemption
Portability of Estate Tax Exemption On December 17, 2010, President Obama signed the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 ("TRUIRJCA" for short) into law. As part of this law, significant modifications [...]
Probate Details
Probate Details Probate details can make an already difficult situation feel overwhelming. The specifics for probate accounting are crucial to probate cases and often require exact numbers; not always as straightforward or as easy as they may see [...]
Understanding Probate
Understanding Probate Understanding probate can be a confusing and overwhelming task. The court system has very specific procedures and documentation required for probate and, after a loved one has passed, it can be extremely confusing to deal with [...]
California LLC
Is the California LLC the BEST WAY to Protect your business or yourself in California? Probably Not. This is a controversial issue, with Proponents and Opponents on both sides. This is my opinion after researching the topic. However, let’s first [...]
California Law on Loans
California Law on Loans, Notes, Interest and Usury Are You Charging an Illegal Interest Rate on a Loan or Promissory Note? Many people wrongfully believe they can charge whatever amount of interest the market with bear. Unfortunately, that is not [...]
How Do I Structure My Business
How Do I Structure My Business? Business structure is important to each and every business. Whether big or small, a business needs to be structured in such a way as to reduce taxation, ensure control of the business with the right individuals, and [...]
Undue Influence
Undue Influence in Estate Planning Estate planning is a complicated process where different family members have to interact with each other in new ways. Family members, during this process, can be caught in vulnerable positions and taken advantage [...]
Life After Tax Reduction Act
How to save taxes after the Tax Reduction Act of 2017 Life after Tax Reduction Act is possible! But, life has changed! What we have been doing to reduce our taxes mostly won’t work anymore. You used to itemize and save many taxes on your return, bu [...]
Property Transfers
Save Taxes on Property Transfers CAN YOU TRANSFER YOUR PROPERTY TO ANOTHER WITHOUT THE PROPERTY TAXES BEING RAISED?On June 6, 1978, the state of California voters approved a proposition known as proposition 13. This was created to stop the rapid ri [...]