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.

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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

VETERANS’ BENEFITS AND PENALTY PERIODS…

By merv,

Introduction Existing Rules VA Pension Program Gifting Medi-Cal The New Proposed Rules Look Back Period Penalty Period Net Worth Limit Effective Date Conclusion Dear Mr. Miller: Introduction: My 91 year old Dad is running out of money and needs help to pay his bills. His finances were fine and then he had a stroke. That  … 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


Hidden Benefits for Disabled Vets!

By merv,

Introduction Questions Needing Answering Increasing the VA Disability Rating Retroactive Benefits Dept. of Defense CRSC Dept of Defense Requirements VA Aid & Attendance Medi-Cal & Financial Solutions Conclusion Dear Mr. Miller: Introduction: I’m writing this on Memorial Day when we honor all of the Vets. My Dad was a Vet of the Vietnam War. He  … Read more


Can a Remarried Spouse Claim a Veterans Benefit (Part 1)?

By merv,

Can a Remarried Spouse Claim a Veterans Benefit (Part 1)? Divorced Spouse of a Veteran Who Marries a Non-Veteran Prior to Veteran’s Death and after Marriage to Veteran Terminates Spouse of Deceased Veteran Who Remarries Another After Veterans Death Can an individual who was previously married to a Veteran and has remarried claim the VA  … Read more


REMARRIED SPOUSE NEEDS VA BENEFITS

By merv,

REMARRIED SPOUSE NEEDS VA BENEFITS Introduction Basic Rule Remarriage has Ended Spouse at Least 57 and Remarriage after Certain Date Spouse at Least 57 and Claim Filed in 2004 Remarriage Annulment Divorce Vacation Conclusion Dear Mr. Miller: Introduction: My Mom is now in an assisted living facility and the cost is going to send her  … Read more


Punishing the VA…

By merv,

The benefits available from the VA help many veterans through difficult periods of their life.  The benefits may help veterans obtain a college education, transition to the civilian workforce, compensate for a disabling injury, or pay for home care during old age.  However, the nature of most benefits is that they are time-sensitive; the veteran  … Read more


Can I Sell Mom’s House?

By merv,

This deceptively simple question is most often phrased as a sentence: “I am going to sell the house.”  Unfortunately, if the property does not belong to you, it is not enough to simply hire an agent and list the property, even when you have the authority to do so.  Furthermore, it may be a mistake!  … Read more


Give Me All the Benefits!

By merv,

Planning for benefits eligibility in old age makes good financial sense.  Many people fear outliving their retirement accounts even without major expenses depleting their accounts.  Unforeseen health expenses can deplete an estate rapidly, particularly if you need help with basic, daily tasks through regular home care or skilled nursing.  When it comes to planning for  … Read more


Changes in Gifting Rules for VA Pension?

By merv,

Introduction VA Pension Rates Net Worth Limits Congress’ Approach to Make Changes Status of Congressional Bill Medi-Cal Medi-Cal Transfer Penalties Ultimate Answer Dear Mr. Miller: Introduction: My Dad is in assisted living and it is costing $4000 per month. He is a Korean War Vet. He only has $1800 monthly coming in from social security  … Read more


The VA and Vietnam – Very Vital!

By merv,

It’s that time of year again: Veterans Day!  Veterans Day is a day of celebrating those who honorably served our country at home and abroad.  On Monday, the annual Veterans Day parade will be held in downtown San Diego, specifically highlighting Vietnam veterans and commemorating 50 years since the war.  Vietnam veterans have had particular  … 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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