Estate Planning & Medi-Cal Planning Experts
FAQs
Frequently Asked Questions About Estate Planning, Medi-Cal Planning & Probate in California
What Is Medi-Cal Planning?
Medi-Cal planning is the legal process of helping individuals qualify for California’s Medi-Cal long-term care benefits while protecting their assets and financial stability.
Medi-Cal is currently the only government program that helps pay for long-term care in a skilled nursing facility for those who qualify. Without proper planning, families may be forced to spend down life savings before benefits begin.
An experienced Medi-Cal planning attorney can help:
- Protect your home and other assets
- Navigate California’s asset and income rules
- Structure transfers properly
- Avoid costly mistakes that delay eligibility
👉 Learn more about Medi-Cal Planning and how to protect your life savings.
What Is the Difference Between a Will and a Living Trust?
A will is a legal document that outlines how your assets should be distributed after your death. However, a will alone does not avoid probate in California.
A living trust is a legal arrangement in which you (the trustor) transfer ownership of assets into a trust managed by a trustee for your benefit during your lifetime and for your beneficiaries after your death.
| Will | Living Trust |
|---|---|
| Goes through probate | Avoids probate |
| Becomes public record | Remains private |
| May involve court supervision | No court involvement |
| Can be more time-consuming | Typically faster distribution |
For most homeowners and families with assets in California, a properly funded living trust is a more comprehensive solution.
👉 Learn more about Living Trusts, Wills and Pour Over Wills
What Happens If I Die Without a Will in California?
If someone dies without a will, they are considered “intestate.”
California intestacy laws (found in the California Probate Code) determine who inherits the estate. Assets are distributed according to a strict legal order:
- Surviving spouse
- Children
- Parents
- Siblings
More distant relatives
The court decides distribution — not the family. This often leads to delays, unnecessary expenses, and unintended outcomes.
Proper estate planning ensures your wishes are honored.
Who Needs a Power of Attorney?
Every adult should have a Power of Attorney (POA) as part of their estate plan.
A POA allows someone you trust to make legal, financial, or healthcare decisions if you become incapacitated.
There are two primary types:
- Financial Power of Attorney – Manages financial and legal matters
- Healthcare Power of Attorney (Advance Health Care Directive) – Makes medical decisions on your behalf
Without these documents, your family may need to pursue a costly court conservatorship.
What Assets Make Up My Estate?
Your estate includes everything you own, such as:
- Real estate and your primary residence
- Stocks, bonds, and mutual funds
- Business ownership interests
- Bank accounts and cash
- Vehicles
- Personal property
- Retirement accounts (IRA, 401(k), pensions)
- Life insurance proceeds
Proper estate planning ensures these assets are distributed efficiently and protected where possible.
Do I Still Need a Will If I Have a Living Trust?
Yes. Even if you have a living trust, you still need a Pour-Over Will.
A Pour-Over Will ensures that any assets not transferred into your trust during your lifetime are “poured over” into the trust after your death.
Important considerations:
- Assets not properly titled in the trust may still go through probate
- Retirement accounts and tax-deferred assets require special planning
- Beneficiary designations must be coordinated carefully
An experienced estate planning attorney can ensure your trust is properly funded and legally sound.
When Should I Update My Estate Plan?
You should review your estate plan after:
- Marriage or divorce
- Birth of a child or grandchild
- Death of a beneficiary
- Purchasing or selling real estate
- Major financial changes
- Changes in California or federal law
👉 Regular updates to your living trust ensure your plan reflects your current wishes and circumstances.
What Is Probate and How Long Does It Take in California?
Probate is the court-supervised process of validating a will, paying debts, and distributing assets.
In California, probate often takes 9 to 18 months or longer, depending on complexity. Court fees, attorney fees, and executor fees can significantly reduce the estate’s value.
Advance planning can help your family avoid this process entirely.
Elder Law California Client Testimonials
Elder Law Services was very personable and professional! We recommend them to anyone who is in need of Elder Law representation.
“Our family is so thankful for the services provided by Elder Law Services of California. They are completely professional, honest, and courteous throughout my mother’s Medi-Cal application from the beginning to the end. They were with us all the way. We can’t thank you enough.”
Elder Law Services was extremely informative, detailed, and professional in the completion of our Trust.
“Thank you very much for all your hard work. The best law firm I have ever worked with. They are very thorough with all the documents. Very good job on our complicated case!”