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


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


Loved One Died: What Experts Do I Need?

By merv,

Introduction Use the Proper Expert Experts You Will Need Selecting an Attorney Tax Advisor CPA Enrolled Agent Registered Tax Preparer Financial Advisor Trust Companies & Banks Certified Financial Planner Dear Mr. Miller:  Introduction My husband just passed and I am worried—really worried.  Do we have money?  Yes, I think so.  The problem is, I really  … 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


AVOIDING CAPITAL GAINS TAX WITH A-B TRUSTS

By merv,

When Hell Freezes Over I’ll Hire an Attorney Introduction Capital Gains and the QTip Election House Sold for Less Than Fair Market Value County Property Tax Increase and Non Pro Rata Distribution Distribution Disputes and Liability Conclusion Dear Mr. Miller: Introduction: Ok, my Dad just died. I’m in charge of taking care of everything and  … Read more


Why Can’t I Wait 2 Years After Dad Died to Settle His Estate?

By merv,

Introduction Keeping Things Less Expensive and Simple(r) Deadlines & Annuities IRA’s Death Tax Exemption Disclaimer A-B Trust Divisions Valuations Conclusion A Survival Guide for Those Left Behind: The Price of a Loved One’s Dying Done Right… Dear Mr. Miller: Introduction: My Dad died last month. I really don’t want to go through the bother of  … Read more


Irrevocable Trust: Can It Be Amended?

By merv,

Irrevocable Trust: Can It Be Amended? Introduction Assumptions Revocable Trusts Irrevocable Trusts Grantor Trusts Clauses that Allow Changes Powers of Appointment Conclusion Dear Mr. Miller: Introduction: I signed an Irrevocable Trust 10 years ago. I had been worried about Medi-Cal and the cost of long term care. I put my house in Riverside ($300,000) and  … Read more


Living Trusts and IRA’s–Timebomb Waiting to Happen?

By merv,

Introduction Probate and IRA’s Tax Effect of Trust Being Owner IRA–Take as Lump Sum Trust as Beneficiary–Life Expectancy Birthday Problem/Look Through Rule Annuity Owned “Inside” the IRA Living Trust as Beneficiary of IRA vs. Beneficiary of Annuity Recommendation Dear Mr. Miller: Introduction: I have a Living Trust. Amongst my various assets I have a $750,000  … Read more


Why File a Death Tax Return by Choice?

By merv,

Am I Being Cheated? Why Would I want to File a Death Tax Return If I Don’t Have To? Introduction Death Tax Return Filing Requirements Reasons for Filing a Return Inflation and Appreciation Marital Deduction Deceased Spouse Unused Exemption Capital Gains Qtip Election Projections Qualified Specialist Dear Mr. Miller: Introduction: My husband passed earlier this  … 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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