Surviving spouses are eligible for a number of benefits after the death of their spouse. There are estate tax benefits, such as the marital deduction allowing estate tax-free transfers to the surviving spouse, a simplified probate procedure (the spousal petition), and the list goes on. Most benefits are available only to surviving spouses who are … Read more
Elder Law Articles
Introduction Problem Current Law Net Worth Test Income Test Net Worth Strategies New Law Changes Income Strategies Annuities Effective Date Conclusion Introduction: The Veterans Aid & Attendance Non Service Connected Disability Benefit can be a god-send to families trying to afford the costs of assisted living or in home care. Most of the cases that … Read more
Following the death of a loved one, there are a large number of tasks that must be completed. Among the first is to determine whether there is a will or trust and to locate it. If the decedent has engaged in preplanning, there may even be instructions regarding burial or cremation in the documents. Depending … Read more
Although the Revolutionary War rid Americans of the requirement to care about the British monarchy, the news media has been abuzz with the happy news of a prince. Prince William and Kate Middleton have had their first child, who is third in line to the throne after Prince Charles and Prince William. So far, the … Read more
Family dynamics are unique to each family unit. Particularly in the last few years, family members are living together more often and adult children are staying or returning home more frequently. Additionally, more and more people are choosing home health care options over long-term nursing home care during their elderly years, sometimes employing a family … Read more
A few weekends ago an airplane tragically crashed at the San Francisco airport, killing two young Chinese students and injuring over 160 others. The effects of the tragedy reverberated throughout the country as many airports suffered delays and cancelled flights. Of course, the inconvenience of delays may have racked up travel expenses for tourists and … Read more
For the vast majority of property owners in California, the revocable living trust is the preferred estate planning method. It offers flexibility throughout life because it is freely amendable during life and does not require that specific assets be separated and subject to certain terms and conditions for withdrawal. Additionally, the revocable living trust is … Read more
The Supreme Court has officially struck down Article 3 of the Defense of Marriage Act (DOMA), which affects same sex married couples who were legally married during the brief time the state allowed same sex marriages. Additionally, the Court determined that proponents of the controversial Proposition 8 do not have standing to defend the voter-approved … Read more
For those who require assistance with daily activities, such as eating, bathing, and moving around, some of the cost of care can be covered through the VA Aid & Attendance Non-Service connected disability pension. Although the benefit can be very helpful, topping out at over $24,000 per year in assistance, it can also be difficult … Read more
For those who watch late-night television, you are probably already familiar with the fact that the Daily Show and Colbert Report typically run new episodes at the same time and take breaks at the same time. For that reason, it may have seemed odd that this week, the Daily Show was airing current episodes while … 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!