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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Increase Immigration to Care for the Elderly?

By merv,

  Filed under: Blog, Elder Law, Medi-Cal Benefits, Veteran's Benefits

Congress has been heating up over another hot button issue in recent days: immigration.  Securing the border, the status of long-term illegal immigration, and the apparent inhumanity of many deportations has made immigration a top priority in Obama’s second term.  In California, the issues of both legal and illegal immigration are particularly acute.  Current estimates project that Hispanics will overtake non-Hispanic whites as the majority in California at some time this year.   Additionally, the number of non-Hispanic whites who will be age 50 or older is expected to increase to roughly 40%, while the Hispanic population is considerably younger.

At the same time, due to the expansion of Medicaid (Medi-Cal) under Obamacare and the increased number of individuals who will be purchasing health insurance pursuant to the insurance mandate, the demand for health care services will likely increase over the coming years.  California was facing a possible shortage in health care professionals before Obamacare and increased demand for Medi-Cal services threatens to further tax the healthcare system.  As a result, alternatives may need to be explored.
It is possible that immigration reform could resolve part of both issues.  In order to care for the increased elderly population, young people will be necessary to act as physicians, nurses, and in-home caregivers.  Hiring illegal immigrants to work as household employees is a violation of immigration and, frequently, tax law.  However, with an improved path to citizenship or guest worker program, it may be possible to encourage enough individuals who enter the United States to work in various health fields and meet the increasing demand for service.

In the meantime, if you or a loved one is among the aging population, there are a number of actions you could take now in order to insulate yourself from extremely high medical bills.  First, by preparing for your incapacity you can designate a family member or professional to care for your health and financial affairs.  Doing so will avoid the need for costly court procedures during your life, particularly if a family member needs to decide to move you to a full time nursing care facility or sell your home.
Additionally, by planning for Medi-Cal eligibility, you may be able to minimize your own long-term healthcare costs and reduce the state’s ability to recover its costs from your estate.  Through a QMap Trust, you can add flexibility to your estate with respect to your home, while preserving income tax benefits.  Similarly, as a wartime veteran you may qualify VA healthcare benefits or VA Aid & Attendance Non-Service Connected Disability Pension which can provide over $24,000 per year to help with the cost of home healthcare.

As the general population ages, the nation’s policies will likely need to adapt across the board to account for larger Social Security and Medicare outlays, shortages of healthcare workers, and fewer younger workers who are paying taxes.  By planning ahead, you can help ensure that you and your loved ones will have access to the care you need.  By reviewing your plan regularly, you can verify that your long-term goals continue to be met.

VA Aid & Attendance–How Can I Correctly Choose Help for my Application Process?  FREE REPORT:  This complimentary report focuses on the various kinds of people one can consult when applying for the Veterans Aid & Attendance benefit. Who one chooses can mean the difference between success and failure. Remember, if you are denied, you may not be able to reapply for up to a year or longer. Download our complimentary report for a behind the scenes look at the different types of people you can consult and the dirty underbelly of the Veterans Aid & Attendance industry.

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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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