Areas of Practice
Campbell, Clark & Vienneau
Having been in business since 1990, Campbell & Clark, and now Campbell, Clark & Vienneau, are passionate about serving their clients and the community. Through zealous advocacy and attentive relationships, our attorneys and staff are ready to serve your legal needs. Contact us today for more information.
Social Security and SSI
DO YOU HAVE A SOCIAL SECURITY DISABILITY CASE?
What Is SSDI?
If you are suffering from a physical or mental condition that is severe enough to keep you from working for a period of 12 months or more, you may qualify for a benefit program for disabled workers known as Social Security Disability.
This program provides you with monthly benefits covered by Social Security. These benefits continue for the duration of your disability, potentially up to and until retirement age if you meet the following requirements:
If you have contributed to Social Security by wage withholding for a specified period of time (usually five of the last 10 years) and you meet the Social Security Administration's definition of "disabled."
You are a disabled widow, widower, or divorced spouse of a Social Security wage earner.
The Social Security Administration's definition of "disability" states you must have a physical or mental impairment that is severe enough to keep you from working full time in any regular paying job for at least 12 months. You may also qualify by having a combination of impairments, for example: a back injury plus depression.
Social Security regulations are "age skewed," meaning the older you are, the more likely you will qualify.
SSI (Supplemental Security Income) is a program that follows the same definition of "disability" as the Social Security Disability program, but provides you with a lower amount of benefits. These benefits are available if you are a lower income and/or lower resource individual.
If you do not qualify for Social Security Disability due to a lack of and/or insufficient work history, you may want to consider applying for the Social Security Administration’s SSI program.
HAVE YOU RECEIVED A DENIAL FROM THE SOCIAL SECURITY ADMINISTRATION?
If you have applied for Social Security Disability or SSI and have been denied, don't give up hope. Statistics show that the Social Security Administration denies over 90% of all initial and reconsideration claims.
Our experienced attorneys will give you a FREE initial consultation and let you know what your options are. Usually, this involves pursuing the denied claim to the next level, which is often an Administrative Law Judge hearing (ALJ hearing for short). It is at this level where the case is considered most fully and carefully, including a “face to face” (although almost always by video teleconference) with the judge. It is at this juncture where it is important to have experienced local representation. To have someone fighting for you who is familiar with the rules, regulations, medical proof issues, and is well prepared. And again, you will not have to pay us anything unless you are successful and receive benefits.
Campbell, Clark & Vienneau has successfully represented hundreds of clients in disability claims cases. You can trust our extensive experience and knowledge of the complexities involving Social Security Disability, and our ability to provide you with the legal representation you need. We do not succeed unless you succeed! As a result, you do not pay us, unless you get your benefits!
Estate Planning
MAKE SURE YOUR ASSETS ARE TAKEN CARE OF
A living trust can help you avoid the costs of probate administration. However, trusts must be carefully planned out in order to make sure your beneficiaries receive what you intended to leave them in the event something happens to you.
Campbell, Clark & Vienneau offer the advanced planning, follow-up and guidance that you need, in order to assure that your trust and integrated estate plan reflects your intentions, and that your assets go where you intend them to go. Our highly experienced attorneys can make a full account of all assets you own, including those titled in the trust and those titled outside of your trust, such as designated beneficiary accounts, TOD and POD accounts, and joint tenancy accounts and properties.
You can rely on us to guide you through the complex process of creating and administering your trust.
THE LEGAL HELP YOU NEED DURING A DIFFICULT TIME
At the Law Offices of Campbell, Clark & Vienneau, we understand that the passing of a loved one can be a very emotional time for you and your family. The last thing you need while grieving is dealing with a complex trust administration or a legal problem involving a probate issue if the deceased has not written a will or a trust. Either way, we are here to help guide you through this incredibly difficult time.
You do not have to face this alone! We assist in probate issues and litigation, as well as provide you with the legal assistance you need to safeguard your family members, by planning for your future. We take pride in properly planning your trust and estate plan. We also help in post-death affairs, including guiding the trustee in the administration of a trust.
THE ESTATE PLANNING ATTORNEYS YOU NEED
Are you looking for experienced attorneys who can help you handle your estate planning needs, including a possible living trust, with integrated health care and asset management powers? Have you delayed integrated planning but know you need to get it done? The attorneys and staff at Campbell, Clark & Vienneau focus on estate planning, including living trusts, as well as handling post-death trust administration and probate matters.
We will work with you to understand your particular case and specific legal needs. We will also tailor an estate plan for you and your family, as we have done for hundreds of other families throughout the North State.
WE CURRENTLY SPECIALIZE IN:
Wills, Trusts, and Amendments
Healthcare & Asset Powers of Attorneys
Special Needs Trusts & Medi-Cal Planning
Trust Administration & Probate
Succession Planning
Trust & Probate Litigation
TRUST CONTESTS AND DEFENSES, WILL CONTESTS AND DEFENSES, TRUSTEE DISPUTES, AND ACCOUNTING DISPUTES
Sometimes a loved one passed away with a trust or will and there develops a dispute over the meaning of the actual terms of the document, or the handling of the estate by a trustee or executor. Many times, a dispute can develop over the drafting or execution of a will or trust. These disputes are typically called “contests” and often focus on issues of "incapacity," "undue influence," “elder abuse,” or "fraud.”
Frequently, there can be an interpretation issue, over the meaning of a phrase in a will or trust, and its effect on the heirs and beneficiaries.
Quite frequently, issues arise over accountings rendered by the executor of a will, or the trustee of the trust, who have a fiduciary duty to render accountings at certain intervals. Some fiduciaries even fail to do such an accounting, or do it incorrectly.
Our office is experienced in litigating these types of probate and trust matters, both in prosecuting them and in defending them. If you are involved in such a dispute, or feel one is imminent, call our office for a face-to-face consultation with one of our highly skilled litigators.
Campbell, Clark & Vienneau is highly experienced in litigating disputes over a trust or a will. Whether you intend to prosecute a contest, or defend your own contest, our team of attorneys will hear your case without judging you or your family, after all, we are here to help you.
If you are currently involved in a dispute or feel that one is coming soon, call our office today for a consultation.
Special Needs Trusts & Medi-Cal
WE WILL HELP PROTECT YOUR LOVED ONES’ RIGHTS THROUGH A SPECIALIZED TRUST
A Special Needs Trust (SNT) is a type of trust that is designed to provide a person with disabilities, assets which would enhance their quality of life, while enabling them to remain eligible for need-based public benefits, such as Supplemental Security Income (SSI) and Medi-Cal.
The beneficiary of the SNT remains eligible for such need-based benefits, due to properly placing non-exempt assets in a Special Needs Trust. These trusts are specially drafted; and when necessary, are also approved by the Superior Court.
There are two common types of Special Needs Trusts (“SNTs”– First Party SNTs, which are funded with the assets of the person with the disability (i.e. an inheritance and/or a settlement); and, Third Party SNTs, which are funded by a third person, typically a parent or grandparent of the disabled person. Many times, a SNT provision can be created in an estate plan; specially, when a child or other potential beneficiary is disabled and receiving need-based benefits such as SSI or Medi-Cal, so as to preserve that eligibility.
The attorneys and staff at Campbell, Clark & Vienneau are experienced in the drafting and formation of Special Need Trusts and can help you safeguard the future of a loved one. Additionally, our office is experienced in the court process involving such trusts. Our attorneys and staff regularly attend specialized trainings in SNTs and continue to keep up with changes in the law to ensure that your loved one does not lose their benefits as a result of an inheritance.
If you have a situation that calls for such consideration, or have questions about the possibility of a SNT, or incorporating one into your estate plan, call the experts at Campbell, Clark & Vienneau today.
A MAJOR CHANGE IN MEDI-CAL RECOVERY TOOK PLACE IN 2017
In 2017, some of the most significant changes to the rules regarding Medi-Cal recovery law took place. The most dramatic of these changes was that which affected Medi-Cal recovery after the death of the Medi-Cal recipient. Under the prior law, a Medi-Cal recovery claim was a possibility against a Medi-Cal recipient's assets regardless of the form of the "estate.” That is, it would not matter if the asset (say a home) was in a trust, in joint tenancy, or in a probate estate. On January 1, 2017, SB 833 was introduced in California. Now recovery is limited to those estates that are subject to probate under California law. Thus, assets in a properly funded living trust will no longer be subject to the dreaded post-death recovery claim by Medi-Cal.
The same protection is provided for joint tenancy or joint tenancy with the right of survivorship assets, but the protection is not available if both joint tenants or the owner and survivor, die in the same occurrence.
Also, once the survivor later dies, the protection would not be available for him or her, since a probate would be required at that point, thus creating a probate asset. As a result, leaving a properly funded Living Trust becomes the surest form of asset protection against a Medi-Cal claim.
For those unsure or on the fence of protecting their assets with a properly drafted and funded Living Trust, the importance of doing so has never been more pronounced, in terms of protecting your assets, primarily your home. Medi-Cal can take on two shapes, including providing long-term care for an elderly loved one. As a result, a Living Trust can be the very safeguard you need in order to prevent Medi-Cal recovery from taking your assets should you or your spouse need long-term care.
The skilled attorneys at Campbell, Clark & Vienneau are experienced estate planners and can help you get your estate plan in order, including drafting and funding a Living Trust with the appropriate Medi-Cal Recovery safeguards.
Conservatorships
DIFFERENT TYPES & BENEFITS OF CONSERVATORSHIP
(Court Supervised Protective Proceedings for Individuals)
The Law Offices of Campbell, Clark & Vienneau have been helping individuals like you make decisions concerning conservatorships since 1990. Our attorneys focus on the legal areas concerning conservatorship law and have over 30 years of combined experience in this field. Call our firm today if you have concerns about a loved one and feel that a conservatorship is the right choice for you and your family.
Our team will hear your case and work with you on a personal level to help you make the right decision for your loved one. Call today if you have concerns about a loved one losing capacity or being unable to handle their personal or financial affairs.
There are different types of legal conservatorship, each with its own benefits. Knowing the differences between them is very important in order to ensure that the right decision is made concerning a loved one and their future:
1. CONSERVATORSHIP OF THE PERSON:
A court will order a conservatorship if your loved one's health is at risk because they cannot obtain their own food, shelter, or other basic needs.
CONSERVATORSHIP BENEFITS:
Provides assistance for your loved one if their health is as risk but they refuse or are unable to obtain help.
Allows you to obtain medical information and communicate with your loved one's healthcare professionals.
Allows you to have legal authority to make basic personal and healthcare decisions.
2. CONSERVATORSHIP OF THE ESTATE:
A Conservatorship of the Estate is an order to protect the finances of your loved one if they cannot competently handle their own debts and income, or cannot resist undue financial pressure from others. This gives you the legal authority to make good financial decisions for the protected person and to sign checks and other financial documents on their behalf.
3. LIMITED CONSERVATORSHIP:
(Typically for a developmentally disabled adult)
A Limited Conservatorship authorizes the conservator to be responsible for part of a developmentally disabled adult's life, including maintaining their finances. Limited Conservatorships are ordered by the court. The disabled adult will generally retain all of their rights, and the conservator is legally required to seek treatment services and opportunities to help the disabled individual become as independent as possible. Our office works closely with various Regional Centers throughout the state of California to ensure that the needs of that disabled individual are taken care of and that they are living a happy and fulfilled life.