‘Trusts’

The most common reasons people set up a Living Trust are:

You avoid Probate: If all your property is in trust when you die (or become incompetent), then legally you don’t own anything in your name. This means, if you die, no probate (formal court administration of a decedent’s estate) is needed to pass your property on to your beneficiaries.
Or if you become incompetent, no conservatorship (formal court proceedings to administer an incompetent person’s assets) is needed to manage your property.In either case, the person that you name in your trust

This year, Governor Brown signed a law, which will significantly change Medi-Cal estate recovery laws beginning Jan. 1. The new law essentially limits estate recovery to the bare minimum required by federal law and will apply to Medi-Cal recipients who die after Jan. 1, 2017.

Federal law requires that states recover Medicaid (Medi-Cal in California) benefits paid to an individual for nursing home care. After a Medi-Cal recipient dies, recovery occurs against assets owned by the recipient at their death. An asset that is frequently used to pay back Medi-Cal is

For years, married couples have used AB trusts to maximize the amount of assets they pass to their heirs free of estate tax.  When the estate tax exemption amount was only $2,000,000 per person several years ago, an AB trust arrangement was necessary just to pass $4,000,000 to heirs fee of estate tax.

With the estate tax exemption amount now over $11,400,000 per person and with surviving spouses allowed to use the “unused” portion of the tax exemption from the deceased spouse, is there any reason to use AB trusts if