Sunday, August 27, 2017

Benefits of Living Trusts


Kevin Staker is the president and principal lawyer of his law firm, Staker Law-Tax and Estate Planning Law Corporation. Kevin Staker uploads webinars called on his website educating his clients about living trusts in California. His webinars regularly receive positive reviews from his audience; they proclaim that his videos are beneficial introductions to estate planning

A living trust is a legal document that places your assets in a trust for your benefit. When the trustee dies, their assets are transferred to their chosen heirs. Living trusts have several benefits that can save families substantial amounts of money and time. 

Unlike wills, living trusts are not subject to probates. Probates are legal processes that take place when someone passes. Probates require that potential inheritors handle the deceased’s debt and, property, and prove the validity of their will in court. Living trusts allow for assets to automatically release to beneficiaries upon the passing of the trustor, helping them avoid delays and unnecessary fees.

Friday, June 23, 2017

How Probate Works


As principal of Kevin Staker Probate and Trust Mediation, Kevin Staker guides individuals and families in the process of estate distribution. Kevin Staker comes to this role with extensive experience in estate law, having led the StakerLaw Tax and Estate Planning Law Corporation for more than 30 years.

A revocable living trust, also known simply as a living trust, allows an individual to determine ownership of his or her estate throughout the phases of independent living, potential incapacitation, and death. Most trusts allow the trustmaker to control and spend the assets placed in the trust for as long as he or she can do so. This provision includes the right to change the trust by removing assets, adding new assets, or change the identity of beneficiaries.

The trust also designates the identity of a trustee, who assumes responsibility for handling the assets in trust after the trustmaker passes away. Some trusts direct the trustee to distribute assets to beneficiaries, while others ask that the trustmaker continue to manage assets on beneficiaries' behalf. 

A trustmaker may also authorize his or her trustee to manage his or her assets should the trustmaker lose the ability to do so during his or her lifetime. This way, if the trustmaker loses the mental ability ot manage his or her affairs, the trustee can take over finances without needing to go through the court process of becoming a guardian.

Saturday, April 22, 2017

Medi-Cal Has Announced 2017 Average Private Pay Rate for Long Term Care in California by Kevin Staker

Medi-Cal Has Announced 2017 Average Private Pay Rate for Long Term Care in California by Kevin Staker

The Average Private Pay Rate ("APPR") for 2017 for Medi-Cal, the California equivalent of Medic-Aid, has been announced.  The amount is $8,515.  The authority/confirmation for this amount can be found at www.canhr.org/medcal/PDFs/RateCOLA.pdf.

The APPR is the average amount the California Department of Health Services believes nursing homes charge each month for a patient in long term care in a facility.  The APPR is also very important in planning to qualify for Medi-Cal to pay for long term care for an individual in a nursing home.  If you give $8,515 to an individual, not your spouse or a disabled child, it will result in one month of ineligibility from Medi-Cal.

Hence, any gift causes ineligibility for months based on the amount of the gift divided by the $8,515.  The strange quirk in California law is the period of ineligibility is the number of months rounded down.  Thus, a gift of $8,514.99 or less will result in no period of ineligibility.  This is a tremendous loophole. 

An individual who needs to go into a nursing home can give away under $8,515 per account per day per individual and it will not cause any period of ineligibility. 

For more information go to the Medi-Cal planning page of the website of Kevin Staker at StakerLaw.  This page is found at .

By Kevin Staker

Monday, April 10, 2017

Increasing Your Fitness for Golf


Experienced in probate and trust mediation, Kevin Staker operates a solo legal practice in California. In his spare time, Kevin Staker can often be found on the golf course, perfecting his game.

As a golfer you can take several measures besides practice to improve your game overall. Here are some of them, as mentioned in Golf Digest:

- Drink plenty of water. Doing so curbs your appetite, promoting weight loss. It also promotes a better swing, since it increases power and endurance. Minimum recommendation: 70 ounces per day.

- Walk a minimum of 7,000 steps a day. Lengthy sitting can cause back and hip problems and affect your swing. If you can’t get in this much walking on the course, try the mall or your neighborhood.

- Boost your heart rate. Regular cardio and interval training will improve your ability to concentrate on crucial plays during matches.

- Include glute exercises in your workout. Well-exercised butt muscles can contribute to a powerful swing. When sitting, contract them, both together at once and alternating left and right. Take the stairs when you can.

- Exercise in all three planes. Commonly, people exercise only forward and backward. However, the golf swing also involves lateral (side to side) and rotational (twisting) motions. Such activities as medicine ball practice, torso lunges, and lateral and rotational jumps build flexibility.

- Use self-massage. Foam rollers and other tools such as foam sticks and balls increase muscle pliability, which improves your swing. Work the back, hips, and calves for 15 minutes two or three times a week.

- Finally, keep track of calories. Smartphone apps can track the caloric value of your food intake. Restricting what you eat using this technology will improve your mobility, give you more energy, and reduce stress on your bones.

Thursday, March 16, 2017

StakerLaw Tax and Estate Planning - Ventura County Legal Aid


Currently serving as the president and principal attorney for the StakerLaw Tax and Estate Planning Law Corporation, Kevin Staker provides services involving estate planning, probate, and living trusts. Practicing from his office in Camarillo, California, and primarily serving the Southern California area, Kevin Staker is also the 2016 President of Ventura County Legal Aid (VCLA), Inc.

Ventura County Legal Aid offers pro bono legal work to low-income residents of Ventura County who qualify. Services are provided by volunteer attorneys who give free legal advice regarding general legal questions, collections law, and family law, among other areas. Legal services are provided on a first-come, first-serve basis, and assistance is not provided for criminal matters.

VCLA attorneys help with cases involving immigration law and those needing deportation advice, as well as family cases that involve domestic violence. The legal aid program also works with expungements, helping to get convictions set aside along with preparing and filing the correct paperwork.

Sunday, February 12, 2017

2017 Med-CalResource Limits by Kevin Staker

2017 Medi-Cal Limits for Long Term Care by Kevin Staker

The Community Spouse Resource Allowance ("CSRA") for 2017, the amount at home spouse can have in countable assets is $120,900 in assets.

The maximum amount of income the at home spouse is guaranteed to receive is $3,023.  This amount is called the Minimum Monthly Maintenance Needs Allowance ("MMMNA"). The MMMNA can be increased by going to Court and requesting additional support for the at home spouse from the income of the ill spouse.

For 2016 and early 2017 the Average Private Pay Rate ("APPR") for nursing homes is $8,189.  The APPR is used in calculating the term of ineligibility if an individual gives non-exempt assets to other individuals.

Kevin Staker has stated:

Medi-Cal will release a new APPR usually in April 2017.  This figure is used for calculating a period of ineligibility if an individual makes improperly large gifts

By Kevin Staker


Medicare Versus Medi-Cal by Kevin Staker

Medicare

Medicare

Medicare is the federal medical insurance program.  Its funds come primarily for payroll deductions out of the paychecks of American workers.  All individuals 65 or older who have contributed to Social Security receive its benefits.  Also, individuals under age 65 who have been eligible for Social Security disability benefits for at least two years, or persons of any age with end-stage kidney disease are eligible.

Medicare has two parts.  Hospital Insurance is Part A, and Medical Insurance is Part B. Those persons eligible for Social Security or Railroad Retirement benefits as workers, dependents or survivors, All individuals are eligible for Part A when they turn 65. If an individual has failed to work enough calendar quarters to qualify for benefits, he or she may pay a monthly premium and qualify. If an individual purchases Part A, Medicare Hospital Insurance, he or she must also enroll in Part B, Medical Insurance.  Participants in the Medicare are liable for co-payments and deductibles along with monthly payments for Part B coverage. Medicare is not based on financial need. Any individual is eligible who meets the age, disability or coverage requirements of Medicare.

Medicare does not cover all medical expenses.  It must be supplemented with private insurance, also called "medigap" insurance, such as Anthem, or consumers can enroll in an HMO plan that contracts with Medicare, such as Kaiser Permanente. After three days in the hospital, Medicare will pay up to 100 percent for the first 20 days of skilled nursing care. For days 21 through 100 days, the individual pays a typically large co-payment. The premiums and copayments increase every year. After day 100,  Medicare coverage for nursing home care ends.

Please note that Medicare only pays for “skilled nursing care.”  It does not pay for “custodial care”, such as in a board and care home.  The average stay in a nursing home under Medicare is usually less than 24 days; people simply do not want to pay the large co-payment. Thus, Medicare fails to cover long term care in a nursing home.

Medi-Cal

Medi-Cal is a California State program largely paid for with federal tax dollars.  It pays for medical care for individuals with low income. Some Medi-Cal recipients may receive Medicare, but the two programs are separate. Medi-Cal is a needs based. In California it is now called "Covered California".  It is part of the Affordable Care Act - Obamacare. 

Kevin Staker has stated the following:

You cannot rely on Medicare to pay for long term care.  Long term care insurance is very expensive.  Older folks must consider what must be done if they need to qualify.  In a future blog post, I will talk about the keys: a good financial power of attorney that allows gifts, including to the agent, and a living trust if you own a home.

By Kevin Staker