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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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


Things That Go Bump in the Night…

By merv,

In honor of the recent Halloween holiday, I thought I’d talk about the scariest part of it: the tricks.  Elderly individuals, even with estate plans, are frequently the victim of financial abuse by caretakers, children, and living facilities.  Even independent trustees and attorneys have been known to take advantage of their clients’ estates for all  … Read more


Getting Your Parents’ Holdings Organized…

By merv,

Introduction The Asset List Timeshares The Child’s Debt The IRA’s Multiple Brokerage Accounts Life Insurance with No Dependents Selling Life Insurance Multiple Banks Title and Living Trusts Bottom Line Dear Mr. Miller: Introduction: My parents are getting older and I want to make sure that they are using their money wisely and investing it properly.  … Read more


LAWYERS MAKE BIG DEALS OUT OF NOTHING

By merv,

Lawyers Make Big Deals Out of Nothing So They Can Charge Huge Fees Introduction Lying How Medi-Cal Works What Are Attorneys Really Trying To Do Doing It Legally Medi-Cal Reimbursement Perjury Penalty Dear Mr. Miller: Introduction: I figured out how you guys work–just look at the case and tell the client if he doesn’t hire  … Read more


Irrevocable Trust: Can It Be Amended?

By merv,

Irrevocable Trust: Can It Be Amended? Introduction Assumptions Revocable Trusts Irrevocable Trusts Grantor Trusts Clauses that Allow Changes Powers of Appointment Conclusion Dear Mr. Miller: Introduction: I signed an Irrevocable Trust 10 years ago. I had been worried about Medi-Cal and the cost of long term care. I put my house in Riverside ($300,000) and  … Read more


I Hate the Hospital!

By merv,

It seems that most people do not like going to the hospital.  It is even more difficult to force someone else to go to the hospital when they need it.  For one thing, going to the hospital frequently means that you are pretty ill or have suffered a pretty serious injury.  For another, it is  … Read more


HOW MANY BENEFICIARIES ARE TOO MUCH?

By merv,

Introduction Problem Dealing with Beneficiaries Small Gifts to Many Charities Determine the Purpose of the Gift Who Bears the Brunt of the Higher Attorney Fees Moral Dear Mr. Miller: Introduction: I put together my own Living Trust last year. I think I did a pretty good job, if I do say so myself. I left  … Read more


Are Annuities the Devil Themselves?

By merv,

ARE ANNUITIES THE DEVIL THEMSELVES? Introduction Annuities, the Different Viewpoints Why I See It Differently Legal Solution Coupled with Financial Solution Lump Sum Gifts and Medi-Cal Penalty Periods Diversification for Liquidity Tax Deduction for Medical Expenses Conclusion Dear Mr. Miller: Introduction: I am taking care of my Dad and his finances. He is 77 years  … Read more


Don’t Get Your Legal Advice from the Janitor–Redux

By merv,

Introduction The Retired Attorney Moral–Do We Have a Qualified Attorney The CPA Moral–Don’t Rely on Forms without the Proper Expertise The Conflict of Interest Moral–Costs are More Than Just the Service Fee Conclusion–Will They Work Dear Mr. Miller: Introduction: Several months ago you wrote an article about not getting your legal advice from a CPA  … Read more


Living Trusts and IRA’s–Timebomb Waiting to Happen?

By merv,

Introduction Probate and IRA’s Tax Effect of Trust Being Owner IRA–Take as Lump Sum Trust as Beneficiary–Life Expectancy Birthday Problem/Look Through Rule Annuity Owned “Inside” the IRA Living Trust as Beneficiary of IRA vs. Beneficiary of Annuity Recommendation Dear Mr. Miller: Introduction: I have a Living Trust. Amongst my various assets I have a $750,000  … 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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