What Are The Intestate Rights Of Inheritance Upon The Death Of A Married Person PROBATE: Click on this podcast to find out what you will inherit from your spouse when he or she dies. You may be surprised at some of the answers. This information is not to be taken as legal advice. For probate […]
Tag Archives: Probate Attorney Walnut Creek
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 transferred to a child, or if the home is transferred to a child through trust administration, we can complete the “Claim […]
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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 […]
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Durable Powers Of Attorney For Young Adults
We usually don’t think estate planning documents are necessary for younger adults. But consider the potential need for financial and health care powers of attorney for them. We received a recent call from a client whose 23 year old daughter, Jenny, was in a severe automobile accident. Jenny suffered traumatic brain injury in the accident. […]
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How Much Are Probate Fees?
In California, Probate Code section 10810 statutorily sets the maximum amounts that executors and attorneys may be paid for their fees. The amount of attorney fees and executor fees are ordered by the court at the end of case. If the case is complicated, for instance where litigation is involved, the attorney can request that […]
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Medi-Cal Recovery Will Be Limited to Probate Estates after January 1, 2017
We have recently blogged about the new legislation Governor Brown signed, effective January 1, 2017, which changes the rules regarding recovery by the state for payments it has made to nursing homes for Medi-Cal recipients. Under the old law, the only way we could avoid recovery was to ensure that there was nothing in the […]
Real property held in joint tenancy can be transferred upon the death of one of the owners of the property without a probate. However, this is not always a good idea. For instance, lets assume that John Doe is the owner of 123 Wilkins St., and John Doe wants his friend Jim Smith to obtain title […]
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Probates with Real Estate –
PROBATE is a court proceeding that is used to distribute your assets to your beneficiaries at the time of your death. Probates are complex, and require that numerous forms and regulations be followed, before the court will sign an order distributing your assets to your beneficiaries or heirs. A probate with regard to your home and […]