Justin M. Kennedy

Justin M. Kennedy

Attorney Profile

Top Rated Estate Planning & Probate Attorney in Campbell, CA

Litherland, Kennedy & Associates, Attorneys at Law
 | 3425 S Bascom Avenue, Suite 240
Campbell, CA 95008
Phone: 408-356-9200
Fax: 408-356-8901
Selected To Rising Stars: 2019
Licensed Since: 2010
Practice Areas:
  • Estate Planning & Probate
Attorney Profile

I am an estate planning and elder care attorney.  I regularly present free seminars to the public on living trust estate planning, special needs planning, and Medi-Cal planning.  It is my privilege that my clients open up to me, sharing their goals for after their passing and their concerns about their loved ones. I work with my clients to design and implement a comprehensive estate plan to address their concerns and accomplish their goals. I find it incredibly rewarding to help our clients through the estate planning process. I am proud to be at a law firm that values our clients’ peace of mind – if our clients have questions about their estate plan or the law – we do not charge to answer their questions whether through email, a phone call, or an in-office consultation. My law firm also presents exclusive free seminars to our clients throughout the year on funding a trust, when to update your trust, trust administration, and we also developed a Trustee and Power of Attorney School that we present on a regular basis to our clients and their Trustees, Agents and loved ones. It is my goal to educate the public and our clients about the importance of estate planning in the hopes that every family will create a plan for incapacity and death and will properly fund and maintain their estate plan as their lives change.

White Papers

  • SALT and Non-Grantor Trusts (2019) - One strategy to help avoid the $10,000 deduction cap on SALT is to use a Non-Grantor Trust.  A Trust may be taxed as either a Grantor Trust (uses the creator’s social security number as the tax identification number) or a Non-Grantor Trust (uses a separate tax identification number).  Income generated in a Grantor Trust will be reported on the creator’s tax return and will be subject to the creator’s $10,000 SALT deduction cap.  Whereas, a Non-Grantor Trust is a separate tax entity, and would have a separate $10,000 SALT deduction cap.

  • Medi-Cal and Disaster Payments (2019) - The proceeds resulting from “disaster assistance funds from federal, state, or local government agencies, or disaster assistance organizations, are permanently exempt and shall not be counted as income or property.” (All County Welfare Letter 92-08).  This means that if the money received is disaster assistance funds from the government, then there is no Medi-Cal disqualification.

  • Good News for those Interested in Medi-Cal Eligibility who have 529 Education Accounts (2019) - Effective January 1, 2019 the principal and interest of 529 education accounts (college savings plans) are exempt assets for Medi-Cal eligibility purposes (AB 1785).

  • Asset Protection Strategy - 529 Plans (2016) -

    Article on 529 Plans and Asset Protection Strategies

  • Eight Common Questions Our Clients Ask After Signing Their Estate Plans (2012) -

    Article Addressing common FAQ's asked by estate planning clients after they've signed off on their living trust estate plan

  • Preventing Identity Theft (2016) -

    Article on practical ways to protect yourself from identity theft

  • Protecting Your Family in a Digital World (2016) -

    Article on the importance and methods to protect your family in a digital world

  • Electing Portability (2016) -

    This blog article pertains to married people.  Upon the death of the first spouse, the surviving spouse or the agent of the surviving spouse has nine (9) months to file IRS Form 706 to elect portability and claim the deceased spouse’s unused exemption amount.

  • Clayton Trust - The Advantages of the B-Trust (2017) -

    Article on Estate Planning Using a Clayton Trust

  • Portability and Second Marriages (2016) -

    Estate Planning Article on Portability and Second Marriages

  • Transfer on Death Deeds (2016) -

    Blog Article on the Use of Transfer on Death Deeds in California

  • Advanced Medi-Cal Triggers - Spousal Election (2016) -

    Blog Article on the use of advanced Medi-Cal Triggers and the spousal election

  • Exclusion of Gains from Sale of Personal Residence (2017) -

    Blog Article on the exclusion of gains from the sale of a personal residence

  • Medi-Cal and Disaster Payments (2018) -

    Blog Article on Medi-Cal Planning and the effect of Disaster Payments

  • Medi-Cal and the Deficit Reduction Act (2018) -

    Blog article on Calfiornia Medicaid Planning (Medi-Cal) and the Deficit Reduction Act

  • Gift Now or Let Them Inherit (2018) -

    Blog Article on Inheritance

  • Certificates and Credentials

    California Board of Legal Specialization

    About Justin Kennedy

    Admitted: 2010, California

    Professional Webpage: https://www.attorneyoffice.com/attorney-and-staff-profiles/j...

    Honors/Awards:

    • Academy Fellow Education and Experience Requirements, Fellow, American Academy of Estate Planning Attorneys, 2019
    • Witkin Award for Academic Excellence in Federal Estate and Gift Tax

      , Witkin Award for Academic Excellence, University of Pacific, McGeorge School of Law, 2009
    • Member

      , Roger J. Traynor Honor Society, University of Pacific, McGeorge School of Law, 2009
    • Dean's Honor List

      , Dean's Honor List, University of Pacific, McGeorge School of Law, 2009
    • Dean's Honor List

      , Dean's Honor List, University of Pacific, McGeorge School of Law, 2007

    Special Licenses/Certifications:

    • California Notary Public, 2008-2020

      , 2007
    • Certified Legal Specialist in Estate Planning, Trust and Probate Law by the California State Bar Board of Legal Specialization, 2016-present

      , 2016

    Bar/Professional Activity:

    • Member, National Academy of Elder Law Attorneys, 2015-2018

      , 2018
    • Member, California State Bar

      , 2018
    • Member, American Academy of Estate Planning Attorneys, 2012-2018

      , 2018
    • Member, Silicon Valley Bar Association

      , 2018
    • Certified Legal Specilaist in in Estate Planning, Trust and Probate Law by the California State Bar Board of Legal Specialization, 2016-present

      , 2016

    Scholarly Lectures/Writings:

    • Approximately 20-25 times each year, I present a free living trust seminar to members of the public to educate them on the importance of estate planning

      , Presenter and Author, Living Trust Seminar, 2018
    • Will your family know what to do upon your death or incapacity?  Do they know which of your estate planning documents they will need to use and when to use them? Join us with your adult children, Successor Trustees, Executors and Power of Attorney Agents at this unique class. Attendees will learn what to do after someone dies or is incapacitated, and the role that various people and estate planning documents play in the process. We will also cover tips and recommendations on what you can do now to prepare for the future.  Being prepared to implement an estate plan is just as important as creating an estate plan., Author and Presenter, Trustee and Power of Attorney School, 2019
    • Attend this workshop to learn: Why many loved ones with special needs lose their eligibility for government assistance after receiving a well-intended inheritance Why it is not necessary to disinherit your loved one with special needs just to preserve eligibility for government assistance Why it is not always the best idea to rely on the siblings or other relatives of a loved one with special needs to provide for the care of your loved one after you are gone What a Special Needs Trust is and how it works If you need a Stand-Alone Special Needs Trust What is In-Kind Support and Maintenance and why should I be concerned about it? Why it may not be the best idea for a friend or relative to serve as the trustee of a Special Needs Trust, Author and Presenter, Special Needs Workshop, 2019
    • Attend this FREE workshop and learn: How NOT to become impoverished by Nursing Home Costs now averaging over $100,000/year! Already in a Nursing Home? We can help! The real look-back gifting rules are not what you think! Preserve Medi-Cal eligibility and avoid loss of your family home! How proper planning can Protect Your Assets! Why traditional Living Trusts won’t help with Nursing Home Costs! The difference between immediate need and long term planning., Author and Presenter, Medi-Cal Planning Workshop: Learn How To Protect Your Assets from Catastrophic Nursing Home Costs, 2019
    • If you own a home…or you have assets worth at least $100,000…you owe it to yourself – and your family – to get the facts on proper estate planning.  If you think you’re protected with a simple Will…think again…A Will goes through probate, which means your family may not be able to take possession of your estate for many months, or even years! Proper estate planning avoids the pitfalls of probate and ensures that your estate actually gets to those individuals or charities you wish. A living trust can eliminate the costs and time involved in a probate and will protect your estate if you become incapacitated by avoiding a conservatorship. This means your estate will be managed as you see fit, not as a court-appointed conservator sees fit. To find out more about the benefits of proper estate planning, attend this free Living Trust Seminar , Author and Presenter, Living Trust Seminar, 2019
    • I developed this program for our clients and their loved ones/trustees/agents to help educate them on the various roles of trustees, agents and executors in an estate plan, what to do if a trustor becomes incapacitated, and to explain the various pieces of an effective estate plan and how each document works.

      , Author and Presenter, Trustee and Power of Attorney School, 2017
    • I developed this free workhop for the benefit of our living trust clients and their loved ones to discuss the importance of funding assets into a living trust, what assets should not be funded into a living trust, and how to fund assets that shoudl be funded into a living trust.

      , Author and Presenter, Funding a Trust, 2015
    • In 2014, I developed a workshop to present to our living trust clients and their loved ones on the importance of funding their living trusts and how to fund various assets into the trust.  I presented this workshop twice in 2014.

      , Author and Presenter, Funding Your Trust Workshop, 2014
    • I offer this free workshop to the general public approximately once per month to help educate them on Medi-Cal Planning issues, Author and Presenter, Medi-Cal Planning Workshop: Learn How To Protect Your Assets from Catastrophic Nursing Home Costs, 2018

    Verdicts/Settlements:

    • I am an estate planning attorney, and we do not practice litigation and therefore, we do no thave verdicts or settlements. 

      , 2018

    Representative Clients:

    • My clients range in financial and marital status. I have prepared estate plans for unmarried individuals with no children and with children, married couples with no children and children, same-sex couples who are both married or domestic partners.  My typical client is a homeowner with wealth from $500,000-$10,000,000, and for these clients I prepare estate plans that include a Revocable Living Trust, Property Power of Attorney, Advanced Health Care Power of Attorney, and I also prepare and record Trust Transfer Deeds for these clients to assure that their California residence is funded properly into their trust.  I also prepare simple estate plans for younger adults or seniors who do not own a home but need to have the protection offered by a Will, Property Power of Attorney, and Advanced Health Care Power of Attorney. I charge a flat fee for all living trust estate plans and do not charge clients for telephone calls, emails or consutlations.

      , 2018

    Videos:

    • I created this presentation to help consumers understand the importance of funding assets into a living trust, what assets not to fund into a living trust, and to explain funding and the purpose of funding assets into a living trust.

      , Funding a Living Trust, 2016
    • Explaining Transfer on Death Deeds as they pertain to California Law

      , Transfer on Death Deeds, 2015

    Newsletters:

    Educational Background:

    • Bachelor of Arts in Policitcal Science, Bachelor of Arts in History, Uniiversity of California, San Diego

      , 2005
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    Office Location for Justin M. Kennedy

    3425 S Bascom Avenue
    Suite 240
    Campbell, CA 95008

    Justin M. Kennedy:

    Last Updated: 9/19/2019

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