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 “Letters Administration” will be issued to that person by the court. The Letters give the personal representative authority to carry out certain business of the probate […]
Category Archives: Probates with Real Estate
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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 administrator of the estate. This person will sign and file the various documents that will be required by the court through the course of the probate […]
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 Petition”. This petition process usually takes around two months to complete, as opposed to around a year that is needed to complete […]
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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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Final Expense Trust For No Fee
As part of your long term care planning, you can also plan ahead for payment of funeral costs. You can put an amount you decide on into an “irrevocable final expense trust” which will pay for funeral and related costs at the time of your passing. The money you put into the final expense trust […]
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Alzheimer’s Is A Family Illness!
Our office represents many families who have a loved one who has been diagnosed with Alzheimer’s disease or another form of dementia. We typically will receive a call from the spouse or child of the person suffering from dementia. The person calling may tell us that their spouse or parent has become forgetful, is not paying […]
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Baby Boomers Predict The Future!
Baby Boomers Predict The Future! Wouldn’t it be nice to be able to predict the future for us Baby Boomers, and start planning for it! But we do know certain things about our future … On average, 10,000 people are turning age 65 every day. It is predicted that at least 70% of people over […]
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Can The State Take My Home If I Die After Having Been On Medi-Cal?
One of the most frequently asked questions I receive as an elder law attorney in Walnut Creek, CA is, “Can the State of California take my home if I die after having been on Medi-Cal?” The state will not actually take your home. But your home, if it is in your estate when you die, […]
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Getting Your Ducks In A Row Before a Crisis Occurs
You should get your ducks in a row long before a crisis occurs, especially where your health and finances are concerned. Many of our clients come to see us when a crisis is occurring. For instance, their spouse or loved one is in the hospital or has just entered a skilled nursing facility. At this […]
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Can Mom Go On Hospice at Home?
Most of our clients make it well known in their long term care plans, that if they become ill, they wish to be taken care of at home for as long as possible. My parents made a pact with each other that if either of them had to go to “rehab” as my mother called it, which […]
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