Probate Notes: Your Guide to Navigating California Probate Law
On this episode, we have special needs planning authority Kevin Urbatsch on to unpack what happens when a person with disabilities receives an unexpected inheritance. They walk through how SSI, Medi-Cal, and IHSS interact, why a windfall can jeopardize essential care, and what families need to understand before a parent's estate plan unintentionally cuts off benefits. We break down first-party options such as D4A and pooled special needs trusts, ABLE accounts, and the timing of a spend-down. They cover eligibility thresholds, timing rules regarding the month of receipt, and the trade-offs of payback provisions, so practitioners can protect a client's long-term quality of life. Kevin Urbatsch is a certified specialist in estate planning, trust, and probate law and the National Director of the Academy of Special Needs Planners, with three decades of experience focused on special needs trusts. In this episode, you will hear: * Risks of unexpected inheritances to SSI, Medi-Cal, and IHSS eligibility * Using ABLE accounts and strategic spend downs to preserve benefits * Payback requirements to state agencies and why third-party planning is often better * Capacity issues, conservatorships, and court-ordered special needs trusts * Special challenges for beneficiaries over 65 and for minors who inherit directly * Practical guidance for trustees, fiduciaries, and attorneys managing SNTs Resources from this Episode https://www.urblaw.com/ [https://www.urblaw.com/] https://sntsymposium.com/ [https://sntsymposium.com/] https://www.amazon.com/Administering-California-Special-Needs-Trust/dp/B0GJPGQDJH [https://www.amazon.com/Administering-California-Special-Needs-Trust/dp/B0GJPGQDJH] https://store.nolo.com/products/special-needs-trusts-spnt.html [https://store.nolo.com/products/special-needs-trusts-spnt.html] The 6-Stage Probate Process: How to Navigate California Probate: https://a.co/d/82310Rw [https://a.co/d/82310Rw] Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts [https://podcasts.apple.com/us/podcast/probate-notes-your-guide-to-navigating-california-probate/id1808728561]. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com [https://emeraldcitypro.com/]. Let them know we sent you.
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