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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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


Acting as Mom’s Power of Attorney—Did You Do the Most Important Thing First?

By merv,

Acting as Mom’s Power of Attorney—-Did You Do the Most Important Thing First? Limitations Definitions Trigger Example I’m my Mom’s Power of Attorney and I want to make gifts on her behalf to myself and my three sisters. This will help her get qualified for Medi-Cal. I’m my Mom’s Power of Attorney–I can do anything  … Read more


Why File a Death Tax Return by Choice?

By merv,

Am I Being Cheated? Why Would I want to File a Death Tax Return If I Don’t Have To? Introduction Death Tax Return Filing Requirements Reasons for Filing a Return Inflation and Appreciation Marital Deduction Deceased Spouse Unused Exemption Capital Gains Qtip Election Projections Qualified Specialist Dear Mr. Miller: Introduction: My husband passed earlier this  … Read more


Who is Wearing the Pants?

By merv,

When it comes to household finances, many couples assign one spouse to take care of the money.  That person balances the checkbook, makes sure the bills are paid, and sets the budget.  It is part of the divide and conquer paradigm that makes households, and businesses for that matter, work efficiently.   In any couple, though,  … Read more


Won’t someone think of the children?!

By merv,

Estate planning does not only distribute property on death.  You may also determine who will raise, rear, and care for your minor children.  In many cases, married couples assume that their spouse will take responsibility for the children.  Married couples are also more likely to die together in a common accident than others.  For divorced  … 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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