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 in San Diego, California

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

Elder Law Attorney in San Diego, California


Hiring an Elder Law Attorney in San Diego, California

Elder law attorneys provide older people with an array of options regarding matters like inheritance and medical action. When you reach a certain age, your needs and wants are understood by those practicing elder law in California. It’s important to convey these needs and wants before they become difficult or impossible to articulate with age. We work in the elder law field to protect your assets and give you full control over your medical proceedings—no matter the condition you may find yourself in.

Why Do I Need a Will?

Wills and living wills are the documents that relay the wishes of those who cannot communicate, or who are deceased, to the communicative and living. Wills and living wills convey the instructions left behind by someone while they are still able to give them. A lack of one or both of these wills can cause complications in many areas of your life. Without a will, the state will declare your case as “intestate,” which is when the laws of California decide what happens to your property. The laws of intestacy vary according to marital status and the configuration of your family. If you do not have a spouse or relatives, the state will take your property. If you die intestate, the state can classify your estate in the following ways and divide your property accordingly:

  • Single With No Children
  • Married With No Children
  • Unmarried Couple (especially affected because intestacy laws only regard relatives; without a will, a partner may receive nothing)
  • Domestic Partners

Each of these conditions has a different set of rules that must be followed. The division of property depends on the rules that apply. The whole process is a complex scenario, so make sure to stay in control and ensure that you have a say in the outcome of how your assets are divided. Avoid having the state decide what happens to your property with proper planning and the creation of a clear, concise will.

How Will Estate Administration and Probate Help Me?

Estate administration can be a long, costly affair, especially when probate court begins the interpretation process. Your family will need legal representation to understand how to work through the proceedings. If any number of scenarios incapacitate you, proper planning will minimize the accompanying problems.

Every individual, regardless of the value of his or her assets, needs certain basic estate planning documents. A will and power of attorney are invaluable tools to have during an unexpected crisis. They act as fail-safes to help with property management, healthcare, insurance, employee benefits, and planning around a family future fiscal plan. A will and power of attorney will act in response to incapacity, providing a clear and decisive plan no matter the scenario.

Find an Elder Law Lawyer in San Diego, California

Plan ahead for any scenario, including those in which you will not be able to make decisions. Inheritance and opinions in certain medical scenarios can become confusing messes if there is no forethought and planning. Proper planning keeps these problems to a minimum. Insurance, benefits, taxes, and inheritance laws can affect where your assets will end up. Merwyn J. Miller makes the estate planning process as efficient and understandable as possible. We practice in elder law within the San Diego, California area. Call now for free legal consultation: 760-517-8192.

Related Practices 

Will and Living Wills 

Other Practice Areas 

Estate Planning 

VA Pension/Aid

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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Journals

News


04-04-2018

A-B Trusts: What are the Advantages

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 ...

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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