In an attempt to help our clients and friends understand probate terms, we have assembled this short probate dictionary, which features helpful probate terms. Beneficiary The beneficiary is the person named in the will who will inherit the assets of the probate estate.
Category Archives: Probate & Trust Administration
Content related to probate and trusts in California.
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What is Probate Court?
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Assets held in “Joint Tenancy” should not require a probate. For instance, the title can be held by two individuals “as joint tenants.”
Estate Planning Attorney, Probate, Probate & Trust Administration, Trust Attorney Walnut Creek
When Is A Probate of Real Property Required?
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Probate Matters. If title is by two people as joint tenants, and one dies, there will be no probate on the first death.
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 alone, can be distributed through a probate court proceeding. Separate property is identified as what was owned by the decedent before marriage. In […]
Probate proceedings typically take about a year to complete, and can take even longer depending on the assets and complexities of the case. After the petition is filed, notices are given and probate publication is made. Probate statutory time frames must be adhered to, and apply to various aspects of the probate, including filing dates, […]
Many probates involve real estate where a mortgage or loan, is secured by a deed of trust which is recorded against title of the subject real property. Properly recorded mortgages survive the death of the borrower/owner of the property, and remain as liens against the real property through probate. As a result, mortgages are not […]
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California Still Has A 30 Month Look Back for Gifting
California still has the 30 Month Look Back Penalty Period for Gifting. There is a federal law known as the Deficit Reduction Act (DRA), which has a 60 month look back penalty period. However, California has not to date implemented that law. Medi-Cal eligibility workers are required to use the 30 month look back period. […]
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Beware of Arbitration Clauses
The New York Times has examined, in a series of articles, the problems with mandatory arbitration agreements in consumer contracts. The articles examine “… how clauses buried in tens of thousands of contracts have deprived Americans of one of their most fundamental constitutional rights: their day in court.” The NY Times series discusses how consumers […]
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Special Needs Trust & Inheritance & Workshop 5-8-2014
Special Needs Trusts and Inheritance: Q: Our father just passed away and left $400,000 in his revocable living trust to myself and my brother. My brother is on SSI and will lose his benefit when he receives the inheritance. What should we do? A. There is a remedy for this problem when someone dies, and […]
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Peace of Mind Now For Baby Boomers and Seniors Facing Retirement
A big issue now facing Baby Boomers and seniors is, surviving in retirement. We should have our “Ducks In A Row” now regarding health and financial issues, and there are many things we can do. Most of our clients do not have long term care insurance to pay for a stay in a nursing home. […]