Dear Mr. Miller: I am getting worried that I am setting things up for a real problem. My wife and I, both well over 80, are fortunate; we have $3 million in investments–basically securities. We have a beautiful house worth maybe $1.5 million in San Diego. My wife knows nothing about investments so I … Read more
Dear Mr. Miller: I haven’t seen my attorney in 15 years. That’s when he did our trust. At that time, my husband and I had $75,000 in the bank and not much else. Now we have a San Diego house that has appreciated nicely over the years, $200,000 in the bank, some IRA’s and 401K’s … Read more
Dear Mr. Miller: My wife and I have an A-B Trust from the late 90’s. We have about $2.5 million split equally between the house and securities & cash. There is now an $11.2 million death tax exemption. Do we still really need that type of trust? Planner Death Tax Exemptions Portability of Exemption Disadvantages … Read more
Introduction Joint Tenancy Avoids Probate Need for an Attorney Whose Family Will Ultimately Get the House Debts Mortgage Liability Capital Gain Disadvantage Conclusion Dear Mr. Miller: Introduction: My Dad has been living with a woman for a number of years. He has owned his house long before he ever met her and that is where … Read more
Introduction Definitions Substitution Clause Conservatorship Health Care Surrogate Care Manager Mediation Dear Mr. Miller: Introduction: I’ve been thinking. My Dad named my sister as his power of attorney both for financial and medical. He did not name me, or anyone as a backup. He really didn’t give a reason, just said that was what he … Read more
Introduction A-B Trusts Explained Death Tax Goal Portability of Exemption A-B Trust Capital Gain Problem County Property Tax Double the Parent-Child Exclusion Conclusion Dear Mr. Miller: Introduction: I hope you can help. My husband and I have some large real estate holdings in the central valley of California. We want to pass them on to … Read more
Why Powers of Attorney Need to be Reviewed and Updated…. Why is it so important to have a Power of Attorney for Finances? Consider the following story: Bill, a widower, and his son Tom, were in Jack’s office (their attorney) last year. Bill had a house with a potential capital gain of $250,000 (difference between … Read more
A-B Trusts: Don’t Give Away the Capital Gains Step Up! Introduction A-B Trusts Explained Advantages Necessity of Periodic Review Capital Gain Explained Step Up for Decedent’s Trust Methods to Terminate Decedent’s Trust Avoiding Capital Gain on Decedent’s Trust after Death Conclusion Dear Mr. Miller: Introduction: I am a widower. My spouse died several years ago. … Read more
Introduction Qualities of the Ideal Successor Trustee You Never Know Ultimately Who Will Be the Beneficiary Duties With Income and Expenses Duties with Distribution Options for Selecting Successor Trustees Who Can Help You Decide The One Decision Method Not to Use Dear Mr. Miller: Introduction: I am about to revamp my Living Trust. When it … Read more
Introduction Some Benefits of VA Irrevocable Trusts Powers of Appointment All Beneficiaries and Creator Agree Court Order Trustee Draw Out Power Conclusion Dear Mr. Miller: My Mom created an Irrevocable Trust a few years ago so she could qualify for the VA Aid & Attendance benefit. She transferred all of her money ($300,000) and house … Read more
About Living Trusts
About Living Trusts is hosted by the Law Offices of Merwyn J. Miller, as your online resource center to help you explore these key issues, and others, regarding your estate.
Merwyn J. Miller, J.D.
- Board Certified Specialist in Estate Planning, Trust & Probate Law
- Co-Author of legal text book and of “Don’t Go Broke in a Nursing Home”
- Teacher of law courses at public and private colleges
- Continuing Education Instructor for attorneys
- Columnist for largest regional newspaper in San Diego County and professional journals for 15 years, Contributing author to the book “In Your Service: The Veteran’s Friend”
- Masters Degree in Financial Services - Estate Planning
For over 3 decades Mr. Miller has helped me with both my business and personal legal affairs. I also am friends with many veterans who praise his work in the field of Veterans Affairs. I would describe him as knowledgeable, experienced, and very trustworthy.
Mr. Miller & Kristen were instrumental in helping me obtain the Veterans Pension Benefit, which has truly been “life-changing” for me! Their involvement was crucial to my qualifying and the successful submission of an application that was approved the first time through. There is no way I would have ever navigated this complex process without their expertise and guidance. It was a pleasure to interact with the staff. All of them were very professional and exhibited a caring/helpful attitude. I am so appreciative of their services. I hope every veteran is able to avail themselves of this wonderful program.
Grateful WWII Naval Veteran
Mr. Miller and his staff expertly handled the complex, intricate filing for a Veterans’ Aid and Attendance pension benefit for my elderly father. This benefit – though it took a seemingly very long time to be approved – turned out to be the sole way our family could possibly afford proper care for a brave vet who had entered the murky waters of dementia. Miller and his staff kept me briefed throughout the process and were instrumental in coaching me what to expect and when. And they were right!