Online resource center to help you explore these key issues, and others, regarding your estate.

Practice Areas

Mr. Miller has many years of experience in designing and implementing a comprehensive variety of Trusts, Wills, and other estate planning documents, as well as settling estates in the most expedient and appropriate method. Further, he counsels and assists clients on becoming eligible for VA benefits and Medi-Cal.

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VA Pension/Aid & Attendance/Medi-Cal

Mr. Miller has many years of experience in designing and implementing a comprehensive variety of wills, trusts and other estate planning documents, using strategies appropriate to each situation — from the basic to the most complex.

Learn more
Probate & Estate Administration

Mr. Miller has many years of experience in designing and implementing a comprehensive variety of wills, trusts and other estate planning documents, using strategies appropriate to each situation — from the basic to the most complex.

Learn more

Did New Wife Pull a Fast One?

By merv,

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


What to Do When Power of Attorney Resigns?

By merv,

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


Doubling the Parent-Child Property Tax Exclusion…

By merv,

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

By merv,

    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

By merv,

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


Should My Eldest Child Be the Successor Trustee?

By merv,

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


Can An Irrevocable Trust Be Changed?

By merv,

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


Things That Go Bump in the Night…

By merv,

In honor of the recent Halloween holiday, I thought I’d talk about the scariest part of it: the tricks.  Elderly individuals, even with estate plans, are frequently the victim of financial abuse by caretakers, children, and living facilities.  Even independent trustees and attorneys have been known to take advantage of their clients’ estates for all  … Read more


Getting Your Parents’ Holdings Organized…

By merv,

Introduction The Asset List Timeshares The Child’s Debt The IRA’s Multiple Brokerage Accounts Life Insurance with No Dependents Selling Life Insurance Multiple Banks Title and Living Trusts Bottom Line Dear Mr. Miller: Introduction: My parents are getting older and I want to make sure that they are using their money wisely and investing it properly.  … Read more


LAWYERS MAKE BIG DEALS OUT OF NOTHING

By merv,

Lawyers Make Big Deals Out of Nothing So They Can Charge Huge Fees Introduction Lying How Medi-Cal Works What Are Attorneys Really Trying To Do Doing It Legally Medi-Cal Reimbursement Perjury Penalty Dear Mr. Miller: Introduction: I figured out how you guys work–just look at the case and tell the client if he doesn’t hire  … 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
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11-06-2017

Did New Wife Pull a Fast One?

Introduction Joint Tenancy Avoids Probate Need for an Attorney Whose Family Will Ultimately Get the House Debts Mortgage Liability Capital Gain Disadv...

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