The Thy Will Be Done Law Blog
The Thy Will Be Done law blog. From California estate planning law and celebrity Wills (or lack thereof, a la Prince) and probate disputes (Aretha Franklin) to estate matters around the world (the estate of Queen Elizabeth II) and in antiquity (Attalus III, who willed his kingdom to the Roman Republic), as well as pieces of a more academic nature, join attorney Ryan J. Casson for interesting and informative legal overviews and inheritance accounts from the trusts and estates world. Please click the Legal Disclaimers link below and be reminded that nothing on this website may be used as legal, tax, or financial advice, and that content on this website is based on laws that existed at the time. Laws can change.
Medi-Cal Eligibility Rules Are Changing on January 1, 2026
Beginning January 1, 2026, California will reinstate a resource (asset) limit for Medi-Cal long-term care eligibility (as well as eligibility for community benefits). After several years in which most asset limits were temporarily eliminated, Medi-Cal is returning—at least in part—to a pre-2024 style asset test that often caps an applicant’s assets at $130,000. For many California families . . .
Thoughts on AB 2837: The California Private Retirement Plan – A Shiny Shield in Shifting Sands
Not all retirement plans are created equal.
When people think about asset protection, they are often thinking about two very different risks:
Creditor or lawsuit exposure in California courts (exposure to judgment creditors); and
Exposure in bankruptcy under federal law (federal law nevertheless applies in California bankruptcy even though California has “opted out” of the list of property that federal law dictates is exempt from the bankruptcy estate).
This distinction is critical – because the manner in which your retirement accounts are treated (the level of creditor exposure) varies depending on whether you are facing a non-bankruptcy creditor (i.e., a judgment creditor who won a lawsuit against you) or a bankruptcy creditor (i.e., a lender or other person or entity to whom you owe money).
How do retirement plans fit into this picture?
Hot and Cold Assets: Should Your Revocable Living Trust Hold Business or Real Estate Interests?
What’s a “hot asset,” anyway? Is it the newest meme stock on Reddit? Good guess, but no. In the estate planning world, the notion of “hot assets” and “cold assets” relates to . . .
Joint Ownership: A Good Way to Avoid Probate? (Part 1 of 2)
This question often has an easy answer: Joint ownership is (often) . . . bad! In many instances, the drawbacks . . .
Compelling Reasons Why Your California Estate Plan Should Include a Living Trust
Estate planning is a crucial aspect of ensuring that your assets are distributed according to your wishes after your passing. But estate planning also involves . . .
I Don’t Like My Child’s Spouse. Help!
So your kids are adults. Or are they? Well, one of your kids is married, but you have your doubts as to . . .