Category Archives: Probate Attorney Walnut Creek
What Is A Pour-Over Will?
The modern centerpiece of a California estate plan is a Revocable Living Trust (RLT). In it, we appoint fiduciaries. Also called successor trustees, they handle trust assets during our…
How to Start a California Probate
Court rules and requirements regarding probate procedure overwhelm people. However, probate courts often respond to these rules differently. Accordingly, the following information covers…
What to Gather for a Probate Attorney
To prepare to meet with your probate attorney, gather documents and information regarding the decedent. So, the earlier you take these steps; the sooner probate proceedings will begin.…Will Probate Be Required?
When Will Probate Be Required? Probate is not always required. With proper estate planning, we can avoid probate, protect assets, and get our “ducks in a row” for Medi-Cal planning. Click…What Are The Intestate Rights Of Inheritance In Probate Upon The Death Of A Married Person?
The rights of inheritance from a person who died intestate, and who was married at the time of death, will depend upon the nature of the particular asset being probated. Assets of the…What Assets Can Be Administered By The Probate Court When The Decedent’s Will Is Filed?
Only certain assets left through a person’s will can be administered through a probate proceeding. For a married person, all of his or her separate property, which is in that person’s name…Proposition 58 Property Tax Exclusion -Transfer Between Parent and Child
A property tax re-assessment of the home in a transfer from a parent to a child can be avoided under California Proposition 58. For instance, when a probate is closed and the home is…Letters Testamentary and Letters Administration in California Probate
When the Personal Representative of the Probate Estate is appointed, whether that person is identified by the court as the executor or administrator of the estate, “Letters Testamentary” or…The Personal Representative of the Probate Estate
When a probate is filed, the court will appoint a Personal Representative of the estate. This personal representative will be identified in the court proceeding as the executor or…The Probate Spousal Property Petition
Assets that pass to a surviving spouse can be confirmed to the surviving spouse, through a petition process in probate court. This is not a full probate, and is called a “Spousal Property…
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