California’s Medi Cal eligibility and post eligibility rules have changed significantly in the last two years, and will change again in 2026. If you or your spouse may need skilled nursing or home and community based services (HCBS), the right legal planning can protect eligibility, stabilize the healthy spouse’s income, and preserve inheritance for loved ones (including dependents who rely on public benefits). 2025 Snap-Shot • In 2025, the Minimum Monthly Maintenance Needs Allowance (MMMNA), which is the income floor for the spouse at home, is $3,948/month. Counties may approve more via hearing or a court order when the community spouse’s actual needs are higher. • Through December 31, 2025, California does not apply an asset test to Non MAGI Medi Cal, including long term care. DHCS plans to reinstate asset limits no sooner than January 1, 2026, with further guidance to come. • For long-term care applications in 2024–2025, counties do not review or penalize transfers made on or after January 1, 2024. Transfers before that date can still trigger a penalty under a shrinking, date bound look back that disappears entirely by mid 2026. • Spousal impoverishment protections (like the community spouse income allowance) continue to apply to HCBS at least through September 30, 2027. • For deaths on/after January 1, 2017, Medi Cal estate recovery is generally limited to probate assets and to certain long term care services. Proper titling and trust planning keeps many assets outside probate and avoid recovery claims. What we as attorneys can do to help 1) Stabilize the healthy spouse’s income (increase the MMMNA) When one spouse needs nursing home care, Medi Cal allows part of the institutionalized spouse’s income to be allocated to the spouse at home to reach the MMMNA. If the at home spouse’s actual budget (mortgage/rent, taxes/insurance, utilities, and health insurance premiums) justifies more, we can seek a higher allowance by court order. A court ordered spousal support amount becomes the minimum income the community spouse must receive. For example, if expenses support an MMMNA of $4,400, we can ask the court to raise the MMMNA above the standard $3,948 to meet demonstrated need. The difference is then allocated from the nursing home spouse’s income before calculating the patient responsibility amount. 2) Use Probate Code § 3100 et seq. when a spouse lacks capacity If a spouse has dementia or another incapacity and cannot sign off on retitling, selling, or encumbering community assets, we can petition the court under Probate Code §§ 3100–3102 to authorize a specific transaction that benefits the marital community (for example, transferring title, creating estate plans, or funding needed fixes at the home so the healthy spouse can remain there). The statute lets the court approve transactions involving community property even when both signatures would ordinarily be required. This tool matters in crisis planning: it gives a path to reposition assets (e.g., out of an incapacitated spouse’s name, into a living trust, or to the community spouse) so the healthy spouse can access funds, keep the residence sustainable, and align the estate plan with care goals. 3) Plan for the asset test returning in 2026 (and for the CSRA) Even though assets are not considered for eligibility in 2024–2025, DHCS has announced that asset limits will be reinstated no sooner than January 1, 2026. When that happens, the Community Spouse Resource Allowance (CSRA), the amount the at home spouse can keep, again becomes central. Federally, for 2025, the CSRA ranges between $31,584 and $157,920, and hearings/court orders can adjust it when needed to generate enough income to reach the MMMNA (the federal “income first” rule applies). California has not been publishing a CSRA during the no asset test period, but the federal benchmarks give a planning frame for 2026 and beyond. 4) Navigate transfer penalty landmines (and why timing matters) California has paused transfer penalty reviews for transfers made on or after January 1, 2024 for long term care Medi Cal. Counties still review pre 2024 transfers under a diminishing look back and can impose a limited period of ineligibility (with hardship review). This means your 2025 planning must consider older gifts and title changes—but new transfers are treated differently until DHCS issues 2026 guidance. Getting this wrong can delay coverage or increase out of pocket costs. 5) Keep an eye on HCBS options Spousal impoverishment protections currently apply to home and community based services through at least September 30, 2027, which can allow a spouse to receive in home or community care while preserving the at home spouse’s income. This is often a lifeline for couples trying to avoid premature nursing home placement. Protecting loved ones on public benefits: Special Needs Trusts (and ABLE) Families often worry about adult children or other relatives on SSI/Medi Cal receiving inheritances. Adults that are plaintiffs in lawsuits worry about settlement checks disqualifying them from their benefits. The wrong kind of windfall can suspend benefits. We use: • Third Party Special Needs Trusts (SNTs). Built into your estate plan and funded with your assets at death. Properly drafted, they do not require payback to the State at the beneficiary’s death and allow trustees to supplement benefits for life. • First Party SNTs. Funded with the beneficiary’s own assets (inheritance or lawsuit proceeds). Classic options are an individual (d)(4)(A) SNT (requires disability and funding before age 65) or a pooled (d)(4)(C) SNT (available at any age through a nonprofit). First party trusts must include Medicaid payback provisions. Court approval and notice to DHCS are required in many cases, especially for minors or court settlements. • CalABLE accounts (529A). For smaller sums and day to day flexibility, CalABLE lets eligible individuals save and spend for qualified disability expenses without jeopardizing SSI/Medi Cal. These accounts often work alongside SNTs. Settlement example. A disabled adult on SSI receives a $250,000 personal injury settlement. Counsel structures a court approved (d)(4)(A) SNT. Benefits continue; the trustee can pay for therapies, transportation, and other supplemental needs. Frequently asked “can we…?” scenarios • “Can we raise the at home spouse’s allowance above $3,948?” Yes—by court order with evidence of exceptional expenses; a court ordered support amount sets the minimum allocation. • “Do we still need to worry about gifts or transfers?” New transfers in 2024–2025 aren’t reviewed for LTC penalties, but pre 2024 transfers can still bite. Also, tax, creditor, and family law consequences remain; plan deliberately, not reactively. • “Should we change title if my spouse has dementia and can’t sign?” Possibly—via a § 3101 court petition that authorizes the transaction without exposing anyone to personal liability for signing on the spouse’s behalf. • “Will Medi Cal take the house?” Not if it avoids probate under California’s post 2017 rules and other recovery limits apply. Proper deeds, beneficiary designations, and trust planning are key. • “My adult child on SSI is inheriting—what now?” Redirect the gift to a properly drafted third party SNT or, if funds are already in the child’s name, establish a first party SNT (or pooled SNT) with required DHCS notice/payback rules. Consider a CalABLE account for smaller, routine expenses. Bottom line • In 2025, eligibility is easier (no asset test), but income allocation and sound court supported transactions matter more than ever. • In 2026, assets return to the spotlight. Building a plan now prevents forced sales, frantic transfers, and budget shocks later. • For families with disabled loved ones, the right SNT/ABLE structure keeps benefits intact while improving quality of life. Our Northern California elder law team regularly handles Medi Cal petitions, § 3101 petitions, and special needs planning for families in Humboldt County. A focused consultation can translate these moving parts into a concrete, step by step roadmap for your household.

When a loved one passes away, navigating how their assets are transferred can feel overwhelming. California law provides several ways to administer estates, depending on the type and value of assets. In 2025, there are four main approaches: summary probate, formal probate, the new primary residence succession petition, and trust administration. Understanding the differences can help you make informed decisions for your family. 1. Summary Probate Summary probate, also called the “small estate” process, is designed for estates with assets under $208,850. Whether the decedent left a will or passed intestate (without a will), this process allows heirs to transfer assets using a series of affidavits without or with limited court supervision. Key points to know: • You must wait 40 days after the person passes before accessing any assets. • All beneficiaries have to sign the affidavit, leading to logistical delays. • Minor beneficiaries cannot inherit real property outright. • Family disagreements can complicate the process, potentially creating legal disputes. Summary probate is faster and simpler than full probate, making it ideal for smaller estates with fewer assets. 2. Formal Probate For estates exceeding $208,850 (excluding the primary residence), formal probate is usually required. This is a fully court-administered process, and it’s public—even published in local newspapers. Key considerations: • Before assets can be accessed, you must petition the court and wait for “letters” to issue. Depending on the county, this can take two to three months or more. • Requires court oversight for every step. • The full process generally takes six to eight months or longer before distributions are made. • Open creditor period and subject to Medi-Cal Estate Recovery claims. • The court reviews the decedent’s will, if there is one, to determine beneficiaries. Without a will, California’s intestate succession laws apply. • Attorneys and Court-Appointed Representatives are entitled to receive a fee for their services, calculated on the value of the estate, which is often costly and requires liquidating or selling assets to satisfy. Formal probate is more time-consuming, costly, and public than summary probate, but it’s necessary for larger or more complex estates. 3. Primary Residence Succession Petition This new process, effective in April 2025, allows heirs or beneficiaries to transfer a decedent’s primary residence valued under $750,000 to their names using a short-form court petition. Other assets can be transferred with small estate affidavits if their combined value is under $208,850. Important details: • There is a 40-day waiting period before submitting the petition to the court or transferring any other assets. • Requires signatures by all beneficiaries (often leading to delays due to troubles locating everyone or getting everyone to agree). • You must obtain an appraisal from a licensed probate referee before submitting the petition, which can take several months. • Minor beneficiaries cannot inherit real estate, leading to expensive guardianship proceedings. • Once approved, beneficiaries jointly own the property. They must agree on: o Who will live in the home o Who pays taxes, insurance, repairs, maintenance, mortgage, and other costs o Whether to sell or rent the property While this procedure simplifies home transfers, disagreements among heirs leads to litigation or title issues in the future. 4. Trust Administration Trusts operate differently from probate. A trust holds title to assets—such as cash, investments, and real estate—and allows a trustee to step in when the trust creator passes away or becomes incapacitated. Benefits of trust administration: • No court involvement, allowing faster asset management and distribution. • No 40-day waiting period for trust assets, meaning Trustee’s can step in and start paying bills and marshalling assets immediately. • Beneficiaries can come to agreements about distribution of the assets without the court’s approval. • Private process. • Can help protect assets from Medi-Cal recovery. Trusts provide a smooth, efficient way to manage estates, particularly for families seeking privacy and minimal court involvement. Which Option is Right for You? Choosing the right estate administration process depends on: • The total value of the estate • The types of assets involved • Whether there is a will or trust • The relationships and dynamics among heirs Working with an experienced estate planning attorney can help you navigate these options, avoid common pitfalls, and ensure your assets are distributed according to your wishes. Estate planning can feel overwhelming, but understanding your options is the first step. Whether it’s summary probate, formal probate, the new primary residence succession petition, or trust administration, each path has its benefits and challenges. By planning ahead, you can protect your loved ones and make the process as smooth as possible. Need a summary? Watch our video here!

Let’s be honest—no one gets engaged thinking about divorce. But as an attorney in California, I’ve seen firsthand how much heartache and financial stress can be avoided when couples take the time to plan ahead with a well-drafted prenuptial agreement. Here’s the truth: A prenup isn’t about anticipating the end of your marriage. It’s about setting clear expectations from the beginning, giving both partners peace of mind, and building your future on transparency and trust . Why Timing Matters in California California has specific legal requirements and waiting periods that must be met for a prenuptial agreement to be enforceable. One of the biggest mistakes I see is couples waiting too long to start the process (and trying to do it themselves!). If a prenup is presented days before the wedding—or worse, the night before—it likely will not hold up in court. Under California law, the person asked to sign a prenup must be given at least seven days to review the agreement in its final form (no changes!) before signing it. And if one party isn’t represented by their own independent attorney, that could be another red flag that puts the agreement at risk of being invalidated. That’s why I always tell my clients: Start early. Ideally, you should be discussing and drafting your prenup several months before the wedding . This allows time for thoughtful negotiation, full disclosure of assets and debts, and legal review by both sides. It keeps things low-stress, respectful, and drama-free. Who Should Seriously Consider a Prenup? You don’t need to be wealthy or famous to benefit from a prenup. In fact, here are some common situations where a prenup is not only helpful—it’s crucial: • You own a home: A prenup can clarify whether the home remains your separate property or if/how it will be shared or divided. • You have kids from a previous relationship: A prenup can help protect your children’s future inheritance and avoid legal complications down the road. • You run a business: Your business is likely one of your biggest assets. A prenup can shield it from becoming marital property. • You just want clarity: Many couples want to define how finances will be handled during marriage, including things like spousal support, debt responsibility, and separate vs. joint accounts. A Strong Start, Not a Negative One When approached with mutual respect and open communication , a prenuptial agreement can actually bring couples closer . It creates a space for honest conversations about money, expectations, and future goals. That’s not just smart— it’s a strong foundation for a healthy marriage . You’re not planning for failure. You’re planning to succeed—with eyes wide open. More Couples Are Saying Yes to Prenups Couples are changing the narrative around prenups. It’s no longer about mistrust or “preparing for divorce”— it’s about protecting what you’re building together , and setting expectations with love and transparency. Whether you’re blending families, building a business, or just want clarity around finances, a prenup can be a healthy, thoughtful part of your commitment. We offer approachable, affordable prenuptial consultations to help you start your next chapter with confidence. It doesn’t have to be complicated—and it doesn’t have to be cold. In fact, it can be one of the most caring conversations you’ll have before you say "I do." Let’s Keep It Simple and Stress-Free As a family law attorney, I’m here to make the prenup process as smooth, collaborative, and clear as possible. My goal is to help you feel empowered—not overwhelmed. If you’re getting married and you think a prenup might be right for you, the best time to start is now. Don’t wait until the last minute. Let’s have the conversation early, get it done right, and help you feel confident walking down the aisle. Because protecting each other doesn’t mean you expect the worst—it means you’re prepared for anything. Ready to talk about a prenup? Reach out to schedule your consultation. Let’s protect what matters most—together. Watch our video here!

Imagine trying to buy a suit straight off the rack for one of the most important days of your life—say, your child’s wedding or a milestone anniversary. The fabric might be nice enough, the price tempting, and it may even fit “well enough.” But deep down, you know the seams weren’t tailored to your frame, the shoulders don’t sit quite right, and the whole thing could unravel at the wrong moment. That’s what “canned” estate planning software is like: an off-the-rack solution for something that truly demands custom stitching. At Nielsen Cashman & Dean, we’ve spent over 25 years tailoring estate plans—measuring carefully, double-stitching where it matters, and making sure the end result fits your life, not just the average life imagined by a computer program. The Hidden Risks of “One-Size-Fits-All” Estate Planning Software Canned estate planning software sells itself on two promises: speed and low cost. You answer a series of questions, and the program spits out a will or trust in minutes. Simple, right? The problem is that your life is not simple. It’s not a series of checkboxes. Families are complicated: maybe you have a blended household, children from previous marriages, or a family cabin you want to pass down without sparking conflict. Software can not anticipate those dynamics, and when the unexpected happens, those neat little templates leave gaping holes that lead to broken relationships and costly legal fees. Some of the biggest risks include: • Limited customization . Software can’t think ahead about estate taxes, business succession, or how to fairly protect minor children. • Errors that surface too late. An unchecked box or misinterpreted question can lead to documents that do not hold up in court—problems your loved ones discover only after you are gone. • No human guidance. When terms are confusing or when you wonder, “What does this clause really mean?” the software doesn’t have answers. I have seen families come into my office carrying stacks of software-generated papers, convinced they were “all set.” But when we looked closer, key beneficiaries were left out, guardianship provisions were incomplete, property was titled incorrectly, or the entire document itself does not express their intentions. The cost to fix the fallout in probate court was far higher than what a proper plan would have cost in the first place. Even Some Attorney s Cut Corners You may be surprised to hear this, but it is not only do-it-yourselfers who rely on canned tools. Many attorneys also lean heavily on plug-and-play estate planning software. Instead of crafting your documents, they drop your answers into generic templates. The result? Overly long documents filled with exhibits—attachments that list who manages your estate, who your heirs are, or how your assets are distributed. While that may look official, it can be a recipe for trouble. Exhibits are easier to alter, easier to misplace, and less secure than embedding the information into the body of the document itself. Imagine writing your most personal instructions on sticky notes and then taping them to the back of your will. That is essentially what this practice is like. At our firm, we do not treat your legacy as something that can be taped on later. Every essential detail is carefully woven into the core document, where it is protected and far less vulnerable to tampering. Our Customized Approach For almost three decades, we have resisted the pressure to “just use software” and instead committed ourselves to true craftsmanship. Here is what sets us apart: • True personalization. We tailor every plan to your family structure, financial picture, and long-term goals. Whether you own a business, support aging parents, or hope to leave a charitable legacy, your plan reflects that. • Customization. Many firms charge premium prices for what they call “custom plans.” We do not believe you should pay luxury rates for something that should already be standard. We have competitively fixed rates for new estate plans. • Decades of experience. With more than 25 years of focused estate planning work, we know where problems hide and how to prevent them. • Ongoing support. Life changes—marriages, divorces, new grandchildren, new homes. We are here to help you keep your plan current, so it always works as intended. Our clients often arrive having tried software solutions and realized, with a sinking feeling, that the documents do not really cover their needs. When they discover that we can deliver tailored, attorney-backed plans at a competitive price, the relief is visible on their faces. Why Quality Still Matters Estate planning is not just paperwork—it is peace of mind. It is the assurance that your family will not be left untangling a legal mess in their time of grief. In an age when cutting corners is common, we have chosen to slow down, pay attention, and do the job right. Your Life Deserves More Than a Template At Nielsen Cashman & Dean, we see estate planning as a partnership, not a transaction. When you work with us, you do not just receive a stack of legal papers. You receive guidance, protection, and advocacy from attorneys who are committed to standing by your side—even if your documents are ever contested in court. Your legacy deserves more than shortcuts. It deserves precision, compassion, and a plan that truly reflects who you are. Contact us today to schedule a consultation and learn how we can create a custom estate plan that protects your loved ones, reflects your values, and gives you the peace of mind you deserve. Watch our video here!

Taylor Swift did something she's never done before: appeared on a podcast. And in classic Taylor fashion, she didn't just make headlines about her new album drop - she gave us estate planning attorneys the perfect analogy for why planning ahead matters. She explained that when she didn't own her master recordings, someone else was in control of her legacy. In fact, they could pass her life's work down to their children and grandchildren in a will or trust. Now that she owns her masters, she decides who inherits her music. And really, that's estate planning in a nutshell. If you don't make a plan, California law decides who gets your assets (which can cause a lot of Bad Blood after you are gone). If you do plan, you get to call the shots. Whether your "masters" are actual songs, your home, or your family treasures, ownership and planning let you be the Mastermind of your own legacy. But that's not all. Taylor recently got engaged (yes, a real-life Love Story ). She and her fiancé are both wildly successful, which means there's a very good chance a prenup will be part of their planning. Not because they're worried about being Out of the Woods someday, but because they see prenups for what they are - smart business decisions. And here's the thing: you don't need to be a global superstar to benefit from one. Prenups aren't about planning for the End Game - they're about opening the conversation around money before it becomes an issue. Most divorces come down to fights over finances, and prenups force couples to talk about how they'll manage money during marriage. That's not unromantic - that's Peace . Plus, here in California - a community property state - even if you thought something was Mine , it might actually be Ours in divorce. A prenup helps avoid those Cruel Summer -level surprises and sets expectations from the beginning. So whether you're the world's biggest pop star or just someone who wants to make sure your assets (and your peace of mind) are protected, the lesson is the same: plan now, so you control what happens later. At Nielsen Cashman & Dean, we may not be able to help you write a breakup anthem, but we can help you write an estate plan or prenup that hits all the right notes - and leaves you feeling Safe & Sound . Watch our video here!

As attorneys who work in wills, trusts, and estates, we’ve walked alongside countless families during some of the most emotionally challenging times of their lives. When someone passes away, the legal and financial process should be as seamless as possible—unfortunately, it often isn’t. One of the most common, and avoidable, obstacles we see? Financial accounts held at large, impersonal institutions like Vanguard, Fidelity, Computershare, or E*Trade. While these companies may be familiar names, what many clients don’t realize is just how difficult they can be to work with after a death . In contrast, financial accounts held with local advisors are significantly easier for families to access, manage, and transfer. We’ve seen it firsthand, again and again. 1. Human Help, Not 1-800 Headaches When a loved one passes away, the last thing their family needs is to spend hours navigating automated phone menus, repeating their story to strangers in call centers, or being transferred between departments . Unfortunately, that’s exactly what happens with many national firms. We recently had an estate matter involving a decedent who had accounts with Vanguard, Fidelity, and Computershare. Despite proper legal documents, we were stuck in an endless loop of phone calls, document resubmissions, and policy clarifications. The estate had to be opened in probate court just to satisfy their internal protocols —even though beneficiary designations were in place on some of the accounts. It took over three years and countless follow-ups before the beneficiaries finally received the funds. This isn’t unusual—it’s how these companies operate. Contrast that with the experience of working with a local financial advisor: a phone call, a brief meeting, and the transfer is typically processed promptly, correctly, and with compassion. 2. Local Advisors Process Transfers More Efficiently One of the biggest benefits of working with a local financial advisor is how much faster they process post-death transfers . In most cases, we can submit the death certificate and any relevant estate documentation and receive confirmation within days. The process is often smooth, with very little back-and-forth. That’s not the case with larger institutions. Take, for example, a recent client—an elderly widow whose husband held an E*Trade account. Despite submitting all of the documents the company requested, she spent over seven months dealing with a seemingly endless paper trail . Each time she was told, "This is the final item we need," only to be told weeks later that something else was missing. And this was with our help! E*Trade required her to open an account in her own name just to receive the funds. But instead of this simplifying the process, it triggered a new set of processes and identity verifications before they would consider closing the account and sending her a check. This is a deliberate tactic we’ve seen repeatedly: 1. The beneficiary must open an account with the company. 2. The decedent’s funds are transferred in. 3. The beneficiary is then required to go through another paperwork and identification cycle just to receive their funds. These added steps are unnecessary—and often overwhelming for grieving family members . Even more concerning, many of these companies require beneficiaries to access online portals, upload documents digitally, and navigate multi-step authentication processes. This can be particularly prohibitive for elderly individuals who may not own a computer, have difficulty navigating the technology, or do not have regular internet access. Likewise, lower-income beneficiaries may struggle to complete required steps due to lack of technology, or restricted access to customer support. In these cases, the estate's rightful heirs are effectively locked out of receiving what is theirs —not because of legal barriers, but because of logistical and technological ones. 3. Local Means Personal: You Deserve a Human Connection The local advisors we work with take the time to build relationships—not just manage money. They know our law firm. They know our clients. When we call, they answer. When we fax documents, they’re reviewed quickly. They don’t ask our clients to “log into the portal” or wait 10–15 business days for a response. When families are already dealing with funeral arrangements, estate inventory, legal notices, and grief, they deserve a process that makes things easier, not harder. Local advisors provide that, and they work hand-in-hand with our legal team to get things done quickly and properly . The Takeaway: Make Things Easier for Your Family If you're thinking about how to structure your estate or update your financial accounts, we strongly encourage you to consider where your accounts are held. Working with a local financial advisor—one you or your family can meet with in person— can prevent months (or years) of frustration for your loved ones. As estate attorneys, our goal is always to reduce stress and streamline the process for grieving families . When accounts are held with large, national firms, it often does the opposite. If you want your estate plan to work efficiently when it matters most, the institutions you choose today make all the difference tomorrow. Need Help Reviewing Your Accounts? Our firm regularly works with clients to align their legal documents with their financial accounts. If you're unsure whether your current setup will serve your family well, we’re happy to review it with you and your financial advisor. Let’s make sure your legacy is preserved—and that your loved ones are spared unnecessary complications.

California’s SB 1427: A Smoother Path to Divorce Through Joint Petitions Starting January 2026