When a court refuses to dismiss and sets an evidentiary hearing, factual disputes exist. Ava and Michael Benavides, Esq. on why that beats a clean refiling in many cases.
A large transfer late in life to a caregiver or the person who drafted the document can trigger a presumption of undue influence. Ava and Michael Benavides, Esq. on the California rules.
California gives three years to sue for breach of trust, but when the clock starts depends on what the trustee disclosed. Ava and Michael Benavides, Esq. explain Section 16460.
A trustee who says the trust holds no assets still owes a duty to account under Probate Code 16062. Ava and Michael Benavides, Esq. on compelling an accounting and Section 850.
In California an amended petition replaces the original; the first pleading becomes a nullity. Ava and Michael Benavides, Esq. on the trap that catches self-represented litigants.
The moves that are genuinely permitted under California Medi-Cal — exempt transfers and spend-down — plus a correction to a common myth. Ava and Michael Benavides, Esq.
California Medi-Cal estate recovery reaches only the probate estate, and one state waiver is broader than federal law requires. Ava and Michael Benavides, Esq. explain.
A revocable living trust does one job extremely well and a different job not at all. Ava and Michael Benavides, Esq. on why it is not Medi-Cal armor.
Californias Medi-Cal look-back starts from zero and is narrower than most people fear. Ava and Michael Benavides, Esq. on the 30-month phase-in and the three thresholds a transfer must cross.
California Medi-Cal in 2026: the asset limit returned and a 30-month look-back is phasing in. Ava and Michael Benavides, Esq. break down what changed for long-term care planning.