Welcome to our blog! Check back from time to time to learn updates in the law and new things happening in the office.
WELCOME our new partner, margarita vienneau
Margarita Vienneau has been named a new Partner at Campbell & Clark. With that, the firm name has changed to Campbell, Clark & Vienneau. Mrs. Vienneau is no stranger to hard work. Mrs. Vienneau has proven to be a zealous advocate and a strong litigator, both inside and outside of the courtroom. As a prosecutor for both the Shasta County District Attorney’s Office and the San Bernardino District Attorney’s Office, Mrs. Vienneau has handled a variety of litigation matters over the past five years. Additionally, she has experience in both civil litigation and family law. Her practice will include Estate planning, Probate, Trust Administration, and Probate litigation. We are excited to welcome Margarita as the firm’s newest partner, and look forward to her commitment to continue providing our clients with quality legal representation.
2017 MEDI-CAL RECOVERY CHANGES
There are significant changes to Medi-Cal recovery law for 2017. The most dramatic change is on the recovery of outlays by Medi-Cal after the death of the Medi-Cal recepient. Under the prior law, a Medi-Cal claim was a possibility against a Medi-Cal recipient's assets regardless of the form of the "estate". That is, it would not matter if the asset (say a home) was in a trust, in joint tenancy or in a probate estate. On January 1, 2017 that changed in California under SB 833. Now recovery is limited to those estates that are subject to probate under California law. Thus assets in a properly funded living trust will no longer be subject to the dreaded post-death recovery claim by Medi-Cal.
The same protection is provided for joint tenancy or survivorship, but the protection is not available if both joint tenants or the owner and survivor die in the same occurrence. Also, once the survivor later dies, the protection would not be available for him or her, since a probate would be required at that point.
Thus, leaving a properly funded Living Trust becomes the surest form of asset protection against a Medi-Cal claim.
For those on the fence about having a Living Trust done as an estate plan, the importance of doing so has never been more pronounced, in terms of protecting your assets, primarily your home, from Medi-Cal recovery should you or your spouse incur long term care.
Sandra Clark and Margarita Vienneau, our skilled attorneys at Campbell, Clark & Vienneau, are experienced estate planners and can help you get your estate plan in order, including drafting and funding a Living Trust. Call us at (530) 244-6286 to schedule an appointment.
Law offices of campbell & clark
Robert Campbell and Sandra Clark have been in business since 1990! They are zealous advocates who truly care about their clients. They are ready to serve your needs. Call us at (530) 244-6286 and schedule an appointment today!