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Moynihan Lyons PC
Riverside, CA
Estate Planning and Elder Law. For Today. For the Future.
Interests: Estate Planning, Elder Law, Probate, Medi-Cal, Aid and Attendance, Seniors
Recent Activity
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While the federal estate tax exemption has been doubled through legislation, state estate taxes are still a concern for some people. The different rates between states makes some states more expensive to die in than others. The federal estate tax gets a lot more attention than estate taxes levied by... Continue reading
Posted 2 hours ago at Moynihan Lyons PC
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Officials in California would like to dispose of Charles Manson's remains as quickly as possible, but they are not sure who should receive them or even what court has jurisdiction. Ordinarily when someone passes away in prison, officials do not have much difficulty determining what to do with the remains.... Continue reading
Posted yesterday at Moynihan Lyons PC
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A man known for his wild parties, left provisions in his estate plan that limit the ability of his heirs to do too much partying of their own. Hugh Hefner is known for many things, including the extravagant parties he hosted at his Playboy Mansion. They were often described by... Continue reading
Posted 2 days ago at Moynihan Lyons PC
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The new tax cuts were passed so quickly and with so little debate, that it is not yet clear to experts. However, there are a few things that are clear enough that people can plan to take advantage of them. The tax reform bill that President Trump recently signed into... Continue reading
Posted 3 days ago at Moynihan Lyons PC
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The spousal election can be a benefit in the future. When a surviving spouse inherits almost everything and gets a double exemption when he or she passes away, there is also another benefit to the spousal election, according to the NAEPC Journal of Estate & Tax Planning in "Forget "Must... Continue reading
Posted 6 days ago at Moynihan Lyons PC
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The premature death rate is rising, and opioid deaths may be contributing. The premature death rate measures the number of years of life lost below the age of 75 per 100,000 people and is rising in the U.S., according to Think Advisor in "U.S. Premature Death Impact Climbs for Third... Continue reading
Posted 7 days ago at Moynihan Lyons PC
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Not that many Americans have sufficient stocks to take advantage of the market. The total amount of money in retirement accounts might be at all-time highs. However, that money is heavily concentrated in a small percentage of the population and limiting opportunities, according to Think Advisor in "Trump Asks 'How's... Continue reading
Posted Jan 10, 2018 at Moynihan Lyons PC
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A decision on assets can’t always be changed. A recent case concerning a valid contract on assets and the impact of a will was discussed by the Wills, Trusts, & Estates Prof Blog in "Surrogate's Court Sets Aside Fraudulent Conveyance Violative of Contract to Make a Testamentary Disposition." This type... Continue reading
Posted Jan 9, 2018 at Moynihan Lyons PC
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Final version of bill nearly doubles current exemption. The Republicans agreed to keep the estate tax before the law was passed, according to an article in Business Insider titled "Republicans have a final deal on their tax bill -- here's what's in it." The initial bill passed in the House... Continue reading
Posted Jan 8, 2018 at Moynihan Lyons PC
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Pay attention to elderly family members and make some notes on estate planning. As you watch events unfold in your family, you might notice what the elderly family members do. It might be a good place to learn what you should and perhaps what you shouldn’t do and apply the... Continue reading
Posted Jan 5, 2018 at Moynihan Lyons PC
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Entertainer left behind $150,000 in assets but there were suits filed against it. Entertainer David Cassidy filed for bankruptcy in 2015. However, his case was dismissed without discharging the debt to a law firm and that firm is now suing his estate, according to the Daily Mail in "David Cassidy's... Continue reading
Posted Jan 4, 2018 at Moynihan Lyons PC
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Don’t wait until you are a senior citizen to make your estate plan. There are many reasons why planning ahead for your estate is important, such as preparing for end-of-life expenses as well as the rules surrounding eligibility for Medicaid to pay for nursing home care. Also lurking in the... Continue reading
Posted Jan 3, 2018 at Moynihan Lyons PC
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Some state laws involving divorce and estate plans may be ruled unconstitutional. Some states laws that automatically revoke a spousal benefit upon divorce are facing challenges before the U.S. Supreme Court, according to the SCOTUSblog in "Court adds seven new cases to docket." Estate law will offer you some protection,... Continue reading
Posted Jan 2, 2018 at Moynihan Lyons PC
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Funeral homes face many regulations. However, sometimes they don’t meet those requirements. The Attorney General of Washington D.C. has been investigating funeral homes in his jurisdiction and has found there are many problems, as WTOP reported in "DC funeral homes put on notice after attorney general investigation." The problems includes... Continue reading
Posted Jan 1, 2018 at Moynihan Lyons PC
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Senator’s comments create concerns, as tax reform advances. As tax reform moves forward, remarks by Sen. Marco Rubio have come to light that have many observers nervous, according to the Wills, Trusts & Estates Prof Blog in "Rubio: Offset Tax Cuts By Reducing Social Security, Medicare Benefits." The senator suggested... Continue reading
Posted Dec 29, 2017 at Moynihan Lyons PC
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Four states have adopted new standards for agents with powers of attorney. Powers of attorney have often sparked conflict within families. However, a new uniform law is designed to help reduce those conflicts, according to Financial Advisor in "A New Uniform Act Guides Clients Dealing With Aging Parents." The act... Continue reading
Posted Dec 28, 2017 at Moynihan Lyons PC
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Campbell had eight children but left three out of his will. Glen Campbell drafted his will in 2006 and explicitly cut out the three children he had with his second wife, according to the Daily Mail in "Fighting over dad's rhinestones: Major inheritance fight expected after the late country legend... Continue reading
Posted Dec 27, 2017 at Moynihan Lyons PC
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Getting access to digital accounts when someone passes away, has become less complex with the acceptance of the Uniform Fiduciary Access to Digital Assets Act, according to Slate in "The Digital Afterlife Is a Mess." The newly accepted process: If outside of its general terms of service, a website has... Continue reading
Posted Dec 26, 2017 at Moynihan Lyons PC
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Hernandez put millions of dollars in an irrevocable trust. It appears that Aaron Hernandez, who committed suicide while in prison, might have placed money in an irrevocable trust for the benefit of his daughter. However, concerns of fraud have come to light, according to Yahoo! Sports in "Report: Aaron Hernandez... Continue reading
Posted Dec 25, 2017 at Moynihan Lyons PC
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“No contest” clause is included in attempt to avoid challenges, but state laws vary. The outcome of a challenge to an estate isn’t guaranteed and could backfire, according to the Wills, Trusts & Estates Prof Blog in "Take It or Leave It: The Perilous Decision of Whether to Violate a... Continue reading
Posted Dec 22, 2017 at Moynihan Lyons PC
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Everyone has an estate and that includes convicted killers. Charles Manson, who died in prison in November, knew he had an estate and he made plans for it to go to his pen pal, according to TMZ in "Charles Manson Will Surfaces Pen Pal Gets Everything." While Manson was in... Continue reading
Posted Dec 21, 2017 at Moynihan Lyons PC
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The potential for a fight over an estate can sometimes be avoided by family communications. Surprise can sometimes be the biggest source of estate battles, so it is probably a good idea to talk to your family about your estate plan, according to Market Watch in "How to talk to... Continue reading
Posted Dec 20, 2017 at Moynihan Lyons PC
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Insurance available in the U.S., as well as the U.K. Inheritance taxes have led families in the U.S. and the U.K. to figure out ways to avoid it. However, insurance could also help ease the burden, according to The Telegraph in "Should you insure against an inheritance tax bill? This... Continue reading
Posted Dec 19, 2017 at Moynihan Lyons PC
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Even if you are confident of the strength of your trust, things can go wrong. Even though multimillionaire Stanley Smith did all the right things in creating his estate plan, it turned out his trust wasn’t foolproof, according to CNBC in "The American Greed Report: How to control your money... Continue reading
Posted Dec 18, 2017 at Moynihan Lyons PC
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The family of the man who killed concert goers in Las Vegas and the victims of the tragedy are likely to square off over $5 million estate. How the estate of Stephen Paddock, who killed concert goers from a window in his hotel in Las Vegas, will be distributed will... Continue reading
Posted Dec 15, 2017 at Moynihan Lyons PC