Category Archives: California Asset Protection

Orange County Asset Protection Attorney: 3 Things You Need to Know About Irrevocable Trusts

By Orange County Asset Protection Attorney Darlynn Morgan Irrevocable trusts are almost certain to come up when you talk about estate planning and asset protection planning strategies with an attorney. These special types of trusts are used by estate and elder law attorneys to protect property and assets from lawsuits, creditors, predators and even nursing […]

Newport Beach Estate Planning Attorney: Can I Use a Revocable Living Trust for Asset Protection?

Trusts are excellent legal tools that can be used to accomplish most estate planning and asset protection planning goals. The most common type of trust is a Revocable Living Trust, which will hold your assets and help avoid the Orange County probate process when you pass away. However, as a Newport Beach estate planning attorney, […]

Medi-Cal Changes the Rules Making It a Bit Easier to Keep Your Assets

Our Orange County Elder Law attorneys have written many articles on this site about how you must surrender, or spend-down your assets in order to qualify for Medi-Cal. You can learn more about Medi-Cal planning here.  Well, here in California, things are changing – and this time the changes are in your favor! There have […]

Asset Protection Planning for the Modern Client

Only the very wealthy and those in high-risk professions need asset protection planning, right? That’s a myth. In reality, we all need asset protection. Why? Because we all can be sued and lose everything we have. A car accident, business failure, foreclosure, medical crisis, or injured tenant can result in a monetary judgment that will decimate your client’s […]

How to Protect Inherited IRAs After the Clark v. Rameker Decision

In a landmark, unanimous 9-0 decision handed down on June 12, 2014, the United States Supreme Court held that inherited IRAs are not “retirement funds” within the meaning of federal bankruptcy law. This means they are therefore available to satisfy creditors’ claims.  (See Clark, et ux v. Rameker, 573 U.S. ______ (2014)) The Court reached its conclusion based […]

A Shortcut To Financial Freedom For Your Family (Hint: It’s Not What You Think!)

You’re young, smart and fabulous—and working hard to build a solid financial foundation for the benefit of your family.  Financial freedom is starting to feel within reach and the future looks promising. Or is it….? The “typical” definition of financial freedom means no debt, 6 months savings in the bank, a paid off house and […]

Planning for Advanced Asset Protection

Asset protection is vitally important in our ever more litigious society, and more wealth planning teams are needed who understand the intricacies of this area and can collaboratively implement advanced strategies. Whether creating an entire plan for the client or creating additional asset protection measures added on to an existing plan, you want to know […]

4 Legal Documents To Amend After Your Divorce

The high divorce rate in California and beyond has some interesting ramifications for estate planning lawyers.  While your will, trust, and medical directives may not be the first things that come to mind during the often heart-wrenching process of divorce, they are something that truly needs to be considered. ‘Til Death Do Us Part You […]

Preserving Your Assets While You’re Alive

If you’re like most people, you’re worried about keeping your money.  The new mantra on Wall Street is that a “return of your money is the new return on your money.”  To put it mildly, the markets are presenting a challenge for most investors.  Worse, everyone has a different opinion regarding what’s likely to happen […]