California Estate Planning Blog by Kevin Staker

July 5, 2016

Medi-Cal Recovery Limited by 2016 California Budget Act (by Kevin Staker)

Filed under: Kevin Staker,Medi-Cal Planning — kevinstaker @ 3:58 pm
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CANHR, California Advocates for Nursing Home Reform, reports that the 2016 California State Budget Act incorporates the limitations on recovery by the California Department of Health Care Services arising out of services from Medi-Cal.  Their post is found at http://canhr.org/newsroom/newdev_archive/2016/Governor-Brown-signed-SB833.html.

The changes include:

  • No recovery against the estate of a surviving spouse;
  • Recovery will only be what federal law requires, in other words,  only for nursing home facility and long term care services provided after age 55 or any age if the person was “permanently institutionalized”;
  • No claims for against homes of modest value;
  • The state can recover only against a probate estate, and so living trusts and joint tenancies will escape recovery;
  • The Act limits the interest on Medi-Cal liens;
  • Individuals who may be subject to recovery can request an itemized billing once a year for a $5 fee; and
  • These changes are effective for individuals who die on or after January 1, 2017.

The changes will dramatically decrease the effort needed to escape recovery for Medi-Cal expenses for long term care in a nursing home.

By Kevin Staker

June 10, 2016

Various Posts by Kevin Staker

Filed under: Uncategorized — kevinstaker @ 12:47 pm

Kevin Staker has posted on his Federal Deficit Reduction Blog by Kevin Staker regarding a fluke decrease in the deficit for May, 2016.  This is found at http://kevinstaker.tumblr.com/post/145722063553/defict-narrows-by-kevin-staker.

Remember the business Facebook page of Kevin Staker is found at https://www.facebook.com/Kevin-Staker-of-StakerLaw-38289441240/.  Kevin Staker shares items there fairly frequently.  He is a living trust attorney in Camarillo, California.

May 25, 2016

More Information on Kevin Staker

Filed under: Kevin Staker — kevinstaker @ 8:38 am
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Kevin Staker has a professional biography page at http://kevinstaker.com/.  A sub-page of that site has a number of links with pages relevant to Kevin Staker and is found at http://kevinstaker.com/kevin-staker/about-kevin-staker/

Avvo is an informative site with valuable information on attorneys.  The Avvo.com listing of Kevin Staker is found at https://www.avvo.com/attorneys/93010-ca-kevin-staker-349731.html.

Kevin Staker “tweets” fairly often.  The Twitter feed of Kevin Staker is at https://twitter.com/kevinstaker.  Kevin Staker usually focuses on politics and estate planning.

Many individuals have commented on rhe California living trust video seminar of Kevin Staker.  The site is at https://vimeo.com/156134189.  This “webinar” better informs the viewer about estate planning with a living trust.  The webinar also is a good introduction to Kevin Staker, and many have commented how they feel they have come to know Kevin Staker through this video and so have felt comfortable having him assist them with their living trust.

The pretty comprehensive CV of Kevin Staker is found at Visual CV.  The link is found at https://www.visualcv.com/hhvc900.

By Kevin Staker

April 27, 2016

Medi-Cal Announces Average Private Pay Rate for California Long Term Care Increased to $8,189 by Kevin Staker

Filed under: Kevin Staker,Medi-Cal Planning,Uncategorized — kevinstaker @ 5:09 pm
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The California Department of Health Care Services has announced the “average private pay rate” (the “APPR”) for 2016 is $8,189. This is the amount used to calculate the period of time a person is ineligible from long term care assistance if he or she gives more than that amount away to another individual in a non-exempt gift.

The present rules provide if just under that amount, such as $8,188, is given away, they round down to zero and so no period of ineligibility is created.

By Kevin Staker

March 17, 2016

Republican Politics by Kevin Staker

Filed under: Kevin Staker — kevinstaker @ 6:57 pm
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Sorry to digress from the usual theme.  However, I would not feel comfortable with Trump as president.  We do not know what we are getting.

The only way to prevent him from getting the Republican nomination is for Cruz to win more delegates from this point forward.  (Not my favorite but oh well).

Unfortunately, #AVoteForKasichIsAVoteForTrump from this point forward.

I elaborate at the Federal Deficit Reduction Blog of Kevin Staker:  found at http://kevinstaker.tumblr.com/

By Kevin Staker

March 6, 2016

Kevin Staker on Probate in California

Filed under: Kevin Staker,Uncategorized — kevinstaker @ 6:33 pm
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Probate is a court proceeding that simply changes title from the decedent to an executor. The title “executor” technically only applies if there is a Will being probated. If there is no Will, the personal representative is technically the “administrator” of the estate. If there is a Will, but the named executor fails to serve, then the personal representative is called the “administrator with Will annexed”.

A probate in California is triggered if the decedent had more than $150,000 in assets in the decedent’s name alone, without a beneficiary. Automobiles do not count towards the $150,000 and only have to be probated if a probate is triggered by other assets.

Attorneys fees in a California probate are based on the gross size of the estate. Not the amount of work performed. Hence, one should have a living trust to avoid a probate.

If you need a probate, however, for your decedent, StakerLaw would be honored to assist you. We generally will give a discount off of the state set fees.

By Kevin Staker

March 5, 2016

Attorney Sasha Collins

Filed under: Uncategorized — kevinstaker @ 3:38 pm

The Staker.com website has now been revamped.  It is now mobile friendly.

It includes a new living trust video by Kevin Staker.  The video is found at https://vimeo.com/156134189.

Attorney Sasha Collins

Attorney Sasha Collins

It also includes a new attorney page regarding Sasha Collins.  Sasha Collins is an attorney at StakerLaw Tax and Estate Planning Law Corporation.  In particular, the site includes a new photo of Sasha Collins.  This page on Sasha Collins is found at http://staker.com/attorney/sasha-collins/.

Sasha Collins now has a Twitter feed at https://twitter.com/sashalcollins.

February 21, 2016

Living Trust Video by Kevin Staker on YouTube

Filed under: Kevin Staker — kevinstaker @ 6:48 am
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California living trust attorney Kevin Staker has also posted his living trust webinar at Youtube as follows:

By Kevin Staker

Embedded Kevin Staker Living Trust Video

Filed under: Uncategorized — kevinstaker @ 6:41 am

This as follows:

By Kevin Staker

February 20, 2016

Living Trust Video Seminar by Kevin Staker Latest Update

Filed under: Kevin Staker,living trust — kevinstaker @ 11:51 pm
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Living trust attorney Kevin Staker has posted an updated version of his short (17 minute) seminar on the web (webinar) on living trusts. The living trust video of Kevin Staker is found on Vimeo.

https://vimeo.com/156134189

 

The Summary follows:

Three ways to plan your estate

1.  Do nothing: expensive fees and costs in probate, law decided who gets your assets, and judge selects your executor.

2.  Have a will, just as expensive, still must be probated.  But at least you decide beneficiaries and executor.

3.  Living trust, best, much less expensive at death or incapacity, you select successor trustee and beneficiaries.

Living trust also results in full step up in income tax basis for a couple, as opposed to half in joint tenancy.  Living trust s also best way to protect children from a prior marriage as well as to reduce or eliminate estate taxes.

Kevin Staker offers a free initial consultation on a living trust.

By Kevin Staker

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