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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AVOIDING CAPITAL GAINS TAX WITH A-B TRUSTS

By merv,

When Hell Freezes Over I’ll Hire an Attorney Introduction Capital Gains and the QTip Election House Sold for Less Than Fair Market Value County Property Tax Increase and Non Pro Rata Distribution Distribution Disputes and Liability Conclusion Dear Mr. Miller: Introduction: Ok, my Dad just died. I’m in charge of taking care of everything and  … Read more


Why Can’t I Wait 2 Years After Dad Died to Settle His Estate?

By merv,

Introduction Keeping Things Less Expensive and Simple(r) Deadlines & Annuities IRA’s Death Tax Exemption Disclaimer A-B Trust Divisions Valuations Conclusion A Survival Guide for Those Left Behind: The Price of a Loved One’s Dying Done Right… Dear Mr. Miller: Introduction: My Dad died last month. I really don’t want to go through the bother of  … 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


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


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


Are you experiencing déjà vu? Are you experiencing déjà vu?

By merv,

In what is quickly becoming a semi-annual display in governmental incompetence (this is the fourth since 2011), we are bracing once again for a government shutdown, debt ceiling debate, and budget crunch.  The government will shut down due to its failure to create a budget on October 1, 2013, if it has not created one  … Read more


Asset Valuation is not “Black or White”…

By merv,

The value of your assets is important at nearly every stage of your estate planning process.  Knowing the value of your estate in terms of it gross value, which is the total value of all your assets added together, and its net value, which is the gross value minus any debts, can help determine what  … 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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06-23-2021

Is an “A/B Trust” the “Best?”

My Mom just signed a new Living Trust.  She lives in Northern California and has an estate of probably $2.5 million including her house.  The Bill f...

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