If you have accumulated a fairly large IRA during your career like many boomers, there are a number of important planning steps you should take for its distribution in case your IRA outlives you. You do not generally fund your trust with your IRA or list the trust as a beneficiary, so it is often … Read more
Elder Law Articles
Memorial Day began during the Civil War as Decoration Day. As the bloodiest war in American history to date, African Americans freed from slavery first started the tradition by landscaping and cleaning up the unmarked burial ground at the Charleston Race Track in Charleston, North Carolina. Soon thereafter, following the battle of Gettysburg, the Union … Read more
There are a few things about anticipating an inheritance everyone should know. There are a number of ways to obtain an “inheritance.” The common probate procedures are: intestate transfer, meaning the deceased person did not have a will; and testate transfer, meaning the person did have a will. Additionally, a revocable living trust, joint tenancy, … Read more
Because you have been reading this blog, and then running to review your estate plan immediately, you may have noticed that there are a lot of phrases or segments that seem irrelevant to you or your situation. Some may actually be irrelevant and unnecessary; however, most are the product of “legal fictions” or victorious cases … Read more
While reading about Facebook’s heavily anticipated IPO, I was surprised to find that it brings up the occasion to discuss a number of estate planning issues. For one thing, the estate tax planning issues brought up in large estates may apply to more people beginning next year. For another, the IPO may produce a windfall … Read more
This has been a busy week for news about same-sex marriage! Regardless of your position, both sides seem to be heating up the debate. North Carolina passed a Constitutional Amendment banning same-sex marriage and other, generally more palatable same-sex arrangements such as domestic partnerships. In response, the President weighed in by announcing that his view … Read more
If it’s V.A. benefits, I understand. The backlog of V.A. claims is astounding. Nearly 900,000 veterans who have applied for benefits are still awaiting approval. Over 65% of those claims have been outstanding for over four months. Additionally, the V.A. expects the backlog to grow to at least 1.2 million by the end of the … Read more
Generally a comprehensive estate plan will include provisions for your care even while you are still alive. Unique documents and provisions should be carefully considered while you are working with your attorney to create or amend your plans. Many attorneys treat health care documents as boilerplate. However, when it comes to authorizing someone else to … Read more
Many of you have one member of your household who is frequently overlooked. You never got a credit or even an exemption on your tax return. They are not included on your family healthcare plan. You are not automatically entitled to time off work when they have kids or when they die. The reason is … Read more
Tax favored retirement plans such as Traditional or Roth IRAs are meant to help you save for retirement. However, because your life and ultimate demise are unpredictable, there are a number of important caveats to remember about your retirement plan. One frequently overlooked aspect of retirement plans is the beneficiary listing. Your IRA is generally … 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!