Justin M. Kennedy
Top rated Estate Planning & Probate attorney in Campbell, California
Litherland, Kennedy & Associates, Attorneys at Law
Practice areas: Estate Planning & Probate
Licensed in California since: 2010
Education: University of the Pacific McGeorge School of Law
Selected to Super Lawyers: 2024 - 2025 
Selected to Rising Stars: 2019 - 2023 Litherland, Kennedy & Associates, Attorneys at Law
3425 S Bascom AvenueSuite 240
Campbell, CA 95008 Phone: 408-356-9200 Email: Justin M. Kennedy Visit website
Details
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.
First Admitted: 2010, California
Professional Webpage: https://www.attorneyoffice.com/attorney-and-staff-profiles/j...
Bar/Professional Activity:
- Member, National Academy of Elder Law Attorneys, 2015-2024, 2022
- American Academy of Estate Planning Attorney Board of Governors 2022-2024, American Academy of Estate Planning Attorney Document Language Committee 2021-2024, 2022
- Member, California State Bar, 2010-2024, 2022
- Member, American Academy of Estate Planning Attorneys, 2012-2024, 2023
- Member, Silicon Valley Bar Association, 2024
- Certified Legal Specialist in in Estate Planning, Trust and Probate Law by the California State Bar Board of Legal Specialization, 2016-present, 2022
Verdicts/Settlements (Case Results):
- I am an estate planning attorney, and we do not practice litigation and therefore, we do not have verdicts or settlements. , 2024
Videos:
- In this video I discuss Aretha Franklin’s unsettled estate, which, five years after her death, was going to trial due to the discovery of two different handwritten wills., Aretha Franklin’s Unsettled Estate, General Public, 2023
- 2024 Federal Estate and Gift Tax Update, General Public, 2023
- Estate Planning and the Rule of Three, Individuals Over The Age Of 18, 2024
- Long Term Care Costs and Medi-Cal Planning in 2024, Seniors, Caregivers, 2024
- 2024 Inherited IRA New Regulations, Consumers With IRAs And Their Heirs, 2024
- In this video I conduct a mock interview with young adult Lauren regarding establishing important estate planning documents for health care., Establishing Health Care Documents for Young Adults – A Mock Interview, General Public, 2022
- Artificial Intelligence Voice Scams, General Public, 2023
- Is a Person Who is Not a US Citizen Subject to the Federal Estate Tax?, General Public, Immigration, 2022
- Living Trust Bank Accounts and FDIC Insurance (VIDEO), General Public, Investors, Financial, 2023
- This video discusses Revenue Procedure 2022-32 and how the period for a surviving spouse to elect portability has been increased to five (5) years from the date of death of their deceased spouse., Five Years to Elect Portability, 2022
- This video discusses the gift tax exemption. Since 2018 Federal law has allowed you to make gifts of $15,000 per person per year without having to file a gift tax return. In 2022 the gift tax exemption amount will be increasing to $16,000 per person per year., Annual Gift Tax Exemption 2022, 2021
- This video discusses Important Asset Thresholds to keep in mind for 2022, including the 2022 Federal Estate and Gift Tax Exclusion, the Annual Gift Tax Exclusion, and important Medi-Cal CSRA and MMMNA figures., 2022 Important Asset Thresholds, 2022
- This video discusses the 2022 updated California Probate Thresholds., California Probate Thresholds, 2022
- This video addresses the federal priority statutes and how they can create personal tax liability for a Trustee., Trustee Tax Liability, 2022
- This video addresses the July 2022 Medi-Cal Asset Limits., July 2022 Medi-Cal Asset Limits, 2022
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, 2016Explaining Transfer on Death Deeds as they pertain to California Law
, Transfer on Death Deeds, 2015
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 comprehensive estate plans that include a Revocable Living Trust, Pour-Over Will, 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 consultations., 2021
Special Licenses/Certifications:
- California Notary Public, 2008-2024, 2022
- Certified Legal Specialist in Estate Planning, Trust and Probate Law by the California State Bar Board of Legal Specialization, 2016-present, 2024
Pro bono/Community Service:
- Volunteer at Martha's Kitchen, San Jose, CA, 2023
- Walk to End Alzheimer's Team Captain, 2022 -2024, 2024
Honors/Awards:
- Academy Fellow Education and Experience Requirements, Fellow, American Academy of Estate Planning Attorneys 2019 to present, 2023
Witkin Award for Academic Excellence in Federal Estate and Gift Tax
, Witkin Award for Academic Excellence, University of Pacific, McGeorge School of Law, 2009Member
, Roger J. Traynor Honor Society, University of Pacific, McGeorge School of Law, 2009Dean's Honor List
, Dean's Honor List, University of Pacific, McGeorge School of Law, 2009Dean's Honor List
, Dean's Honor List, University of Pacific, McGeorge School of Law, 2007
Educational Background:
Bachelor of Arts in Policitcal Science, Bachelor of Arts in History, Uniiversity of California, San Diego
, 2005
White Papers:
- 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., SALT and Non-Grantor Trusts, 2019
- I was asked to co-author a strategic notes article with a fellow estate planning attorney by the Continuing Education of the Bar (CEB®), a non-profit program of the University of California. Summary This Strategy Note discusses considerations for review when purchasing a vehicle for a beneficiary of a Special Needs Trust. Carefully research and adapt the following material to the facts and circumstances of your case or matter and verify the currency of the legal authorities. A. Restrictions and Allowances of Personal Vehicle SSI and Medi-Cal both ignore the value of one vehicle per household regardless of value, if used for transportation by a member of the household. (Soc. Sec. Admin., POMS SI 01130.200(A), 20 C.F.R. § 416.1210(c).) A married couple who both receive benefits are only allowed one exempt vehicle, not one each. Other than the one exempt vehicle, all other vehicles are considered available resources. (20 C.F.R. §416.1218.) If a beneficiary requires more than one vehicle, then the Special Needs Trust (SNT) may purchase and retain ownership of such additional vehicles while maintaining SSI eligibility for the beneficiary. B. Definition of Vehicle For SSI purposes, “automobile” means any registered or unregistered vehicle used for transportation. Vehicles used for transportation include, but are not limited to, cars, trucks, motorcycles, boats, snowmobiles, animal-drawn vehicles, and even animals. A temporarily disabled vehicle normally used for transportation meets the definition of an automobile. (Soc. Sec. Admin., POMS SI 01130.200(B)(1).) Under Medi-Cal, a recreational and commercial vehicle is exempt if used exclusively for transportation and other motor vehicles are not available to provide transportation. (22 Cal. Code Reg., § 50461, subd. (a).) Under both SSI and Medi-Cal, vehicles that are junked or only used for recreation are nonexempt. The equity value of the vehicle is considered a resource to the owner. (Soc. Sec. Admin., POMS SI 01130.200(C)(3).) Vehicles Used for Business or the Production of Income Vehicles used in a trade or business are considered exempt under SSI and Medi-Cal rules. The vehicle must be used exclusively for the production of income, or it may be considered an available asset. (Soc. Sec. Admin., POMS SI 01130.500–01130.504, 20 C.F.R. § 416.1220; 22 Cal. Code Regs., § 50485.) Income produced by the trade or business may disqualify or limit benefits. C. How Title Should be Held Title to the vehicle may be held in the name of the beneficiary, the SNT, or in another individual’s name. The beneficiary should only hold title to the vehicle if they have a driver’s license and would be responsible for ownership and operation of the vehicle. Unfortunately, many Trustees have replaced vehicles that were given away by or stolen from a generous or trusting beneficiary. If the vehicle is in the name of the beneficiary, the Trustee of the SNT should be named as the lienholder on the vehicle. This way the vehicle may not be sold or borrowed against without the consent of the Trustee, and if sold, the proceeds would be paid to the SNT and not to the beneficiary. If a vehicle is intended to be titled in the SNT, then to limit liability, it may be prudent to establish a separate SNT to hold title to the vehicle. This way the assets of that separate SNT would be at risk if the vehicle were to be involved in an accident, rather than the full assets of the main SNT. Many corporate and private professional Trustees have policies against being listed on the title of vehicles that are being driven by third parties. Title may need to be held by an individual other than the Trustee or beneficiary, such as a parent or trusted loved one. Even if an individual other than the Trustee or beneficiary is listed on the title of the vehicle, it must still be used for the sole benefit of the SNT beneficiary. (Soc. Sec. Admin., POMS SI 01120.201(F)(3)(a).) If the vehicle is to be titled in the name of an individual other than the Trustee or beneficiary, then it may be prudent to seek a court order authorizing the action. This way, the purchase and subsequent expenses of the vehicle are not seen as payments for the benefit of someone other than the beneficiary. D. Practical Considerations The SNT should be listed as an insured on the car insurance for the vehicle. The driver of the vehicle should also have car insurance and a valid driver’s license. Where a vehicle is not used for the sole benefit of the beneficiary, a mileage log should be kept. The cost of vehicle operation should be split pro rata. The Trustee should only pay the expense to operate the vehicle for the benefit of the beneficiary. Work-related transportation costs should not be paid by the Trustee as it would eliminate the available impairment-related work expense deduction and could reduce the SSI benefit amount. (Soc. Sec. Admin., POMS SI 00820.555.) If the vehicle has any modifications, then it is recommended to have additional insurance or insurance riders to cover the modifications., Special Needs Trusts - Strategic Considerations When Purchasing a Vehicle for the Beneficiary, Legal, Estate Planning, 2023
- This FAQ addresses Trust Administration in California., Trust Administration Frequently Asked Questions (FAQs), 2021
- 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., Medi-Cal and Disaster Payments, 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)., Good News for those Interested in Medi-Cal Eligibility who have 529 Education Accounts, 2019
Article on 529 Plans and Asset Protection Strategies
, Asset Protection Strategy - 529 Plans, 2016Article Addressing common FAQ's asked by estate planning clients after they've signed off on their living trust estate plan
, Eight Common Questions Our Clients Ask After Signing Their Estate Plans, 2012Article on practical ways to protect yourself from identity theft
, Preventing Identity Theft, 2016Article on the importance and methods to protect your family in a digital world
, Protecting Your Family in a Digital World, 2016This 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.
, Electing Portability, 2016Article on Estate Planning Using a Clayton Trust
, Clayton Trust - The Advantages of the B-Trust, 2017Estate Planning Article on Portability and Second Marriages
, Portability and Second Marriages, 2016Blog Article on the Use of Transfer on Death Deeds in California
, Transfer on Death Deeds, 2016Blog Article on the use of advanced Medi-Cal Triggers and the spousal election
, Advanced Medi-Cal Triggers - Spousal Election, 2016Blog Article on the exclusion of gains from the sale of a personal residence
, Exclusion of Gains from Sale of Personal Residence, 2017Blog Article on Medi-Cal Planning and the effect of Disaster Payments
, Medi-Cal and Disaster Payments, 2018Blog article on Calfiornia Medicaid Planning (Medi-Cal) and the Deficit Reduction Act
, Medi-Cal and the Deficit Reduction Act, 2018Blog Article on Inheritance
, Gift Now or Let Them Inherit, 2018
Scholarly Lectures/Writings:
- This book explores the shortcomings of traditional estate planning and specifically identifies the benefits that a Comprehensive Living Trust Estate Plan provides to modern families. Some of the key topics that are addressed include: A will is not always the best choice The benefits of a living trust Essential estate planning documents Avoiding the pitfalls of probate Conservatorship prevention Planning for blended families Protecting your beneficiaries’ inheritance Medi-Cal planning and planning for long term care Reducing taxes Planning for special needs loved ones IRA inheritance planning, Author, Yes, You Need an Estate Plan! Your Guide to Wills, Living Trusts and Creating a Comprehensive Living Trust Estate Plan in California, 2022
- In this webinar, we discussed: Communicating Your Plan to Your Loved Ones Proposition 19 The Trust Administration Process – A Roadmap , Co-Author and Co-Presenter, Client Appreciation Webinar – Communicating Your Plan To Your Loved Ones, Proposition 19, Trust Administration, And Ask Us Anything, Real Estate, Banking, Financial Planning, Estate Planning, General Public, 2023
- 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, 2017-2023, Presenter and Author, Living Trust Seminar, 2023
- 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, 2016-2023, 2023
- 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. Presented 2017-present., Author and Presenter, Medi-Cal Planning Workshop: Learn How To Protect Your Assets from Catastrophic Nursing Home Costs, 2023
- 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, 2017I 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, 2015In 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
Other Outstanding Achievements:
- Executive Leadership Team, 2024 Silicon Valley Walk to End Alzheimer's, helped to raise over $15,000 for the Walk and responsible for several business signing up to participate as well., 2024
Office location for Justin M. Kennedy
3425 S Bascom Avenue
Suite 240
Campbell, CA 95008
Selections
2 Years Super Lawyers
5 Years Rising Stars
- Super Lawyers: 2024 - 2025
- Rising Stars: 2019 - 2023
Certificates and credentials
California Board of Legal Specialization
Estate Planning, Trust & Probate Law
Estate Planning, Trust & Probate Law
