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CLARITY & COUNSEL
Education on Estate Planning, Trust Administration & Probate
in California


Special Needs Trusts in California
(Protecting Benefits While Providing Long-Term Support) If you have a child, sibling, or loved one with a disability, traditional inheritance planning can create unintended harm. Leaving assets outright to someone who receives needs-based public benefits — such as Supplemental Security Income (SSI) or Medi-Cal - can disqualify them from those programs. A Special Needs Trust (SNT) is designed to prevent that outcome. In California, when properly structured, a Special Needs Tru

Amy Bankoff
Mar 13 min read


Revocable vs. Irrevocable Trusts: What’s the Difference — and Which One Do You Need?
The word “trust” gets used broadly, but not all trusts are the same. The most important distinction is whether a trust is revocable or irrevocable. They serve different purposes.They offer different levels of control.And they carry very different legal consequences. Understanding the difference helps you make informed decisions - rather than reacting to generic advice. What Is a Revocable Trust? A revocable living trust is a trust you create during your lifetime that you can:

Amy Bankoff
Mar 13 min read


When an LLC Should (and Shouldn’t) Be Owned by Your Trust
If you own rental property or operate a small business, you’ve probably heard this advice: “Just put it in an LLC." "Or have your trust own the LLC.” “Or maybe you should own it personally…” It’s one of the most commonly misunderstood areas of estate planning and asset structuring. The answer is not one-size-fits-all. Whether your LLC should be owned by your trust depends on what you’re trying to accomplish - liability protection, probate avoidance, tax efficiency, or all thr

Amy Bankoff
Mar 13 min read


The Biggest Mistakes People Make With Revocable Trusts
(And How to Avoid Them) A revocable living trust is one of the most effective tools for avoiding probate in California. It can provide privacy, continuity during incapacity, and a smoother transition for your family. But here’s the uncomfortable truth: Most trust problems are not drafting problems.They are maintenance problems. Below are the three biggest mistakes I see, even with well-written trusts. Mistake #1: The Trust Is Never Properly Funded Creating a trust is only ste

Amy Bankoff
Feb 283 min read
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