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 been active in the area of VA Pension and Medi-Cal for well over a decade. He uses various specialized types of Trusts as well as non-trust strategies to gain eligibility for his clients and save the family money.

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Probate & Estate Administration

Mr. Miller has been settling estates (both simple and complex) for well over 40 years. The starting point is always to create a strategy to settle the estate in the most efficient manner possible with a minimum of taxes. Often times the strategy created allows the family to bypass Probate Court proceedings.

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Getting Dad to the Lawyer; What Not to Do…

By merv,

Dear Mr. Miller: My Dad is getting on in years and does not have a Will or a Trust.  And he’s not exactly penniless, either.  He’s worth about $1.5 million with his house, bank account, and stocks and bonds.  If the fear of needing a Probate when he dies weren’t enough complication, he wants to  … Read more


A-B Trusts: What are the Advantages

By merv,

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 securities & cash.  There is now an $11.2 million death tax exemption.  Do we still really need that type of trust? Planner Death Tax Exemptions Portability of Exemption Disadvantages  … Read 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


What to Do When Power of Attorney Resigns?

By merv,

Introduction Definitions Substitution Clause Conservatorship Health Care Surrogate Care Manager Mediation Dear Mr. Miller: Introduction:  I’ve been thinking. My Dad named my sister as his power of attorney both for financial and medical.  He did not name me, or anyone as a backup.  He really didn’t give a reason, just said that was what he  … 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


Why Powers of Attorney Need to be Reviewed and Updated

By merv,

    Why Powers of Attorney Need to be Reviewed and Updated…. Why is it so important to have a Power of Attorney for Finances? Consider the following story: Bill, a widower, and his son Tom, were in Jack’s office (their attorney) last year. Bill had a house with a potential capital gain of $250,000 (difference between  … 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


Should My Eldest Child Be the Successor Trustee?

By merv,

Introduction Qualities of the Ideal Successor Trustee You Never Know Ultimately Who Will Be the Beneficiary Duties With Income and Expenses Duties with Distribution Options for Selecting Successor Trustees Who Can Help You Decide The One Decision Method Not to Use Dear Mr. Miller: Introduction: I am about to revamp my Living Trust. When it  … 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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