Tag Archives: Probate Attorney Walnut Creek CA

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 decedent who is a married person can be community property, quasi-community property or separate property.  Quasi-community property is property acquired in another […]

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 alone, can be distributed through a probate court proceeding. Separate property is identified as what was owned by the decedent before marriage. In […]

How Long Does A Probate Usually Take?

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, […]

What Happens To A Mortgage During Probate?

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 […]

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 […]

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 Petition”. This petition process usually takes around two months to complete, as opposed to around a year that is needed to complete […]

Assets That Are Not Subject To Probate

Not all assets are subject to probate. For instance, life insurance policies that name a specific beneficiary are not subject to probate. If however, you name “my estate” or “my children” as beneficiaries, a probate will probably be required. Retirement accounts, also known as “qualified accounts” like IRA’s and 401K’s, are not subject to probate […]

Medi-Cal Treatment of Reverse Mortgages

Reverse mortgage loans are designed for homeowners who are 62 years of age or older, and who have a substantial amount of equity in their homes. The amount of equity is usually the difference between the fair market appraised value of your property, and the amount due on existing mortgages. As the borrower under a […]

Medi-Cal Community Spouse Resource Allowance (CSRA) As of January 1, 2018

When one spouse applies for Medi-Cal, the state will look at the assets of both spouses for qualification of the ill spouse. As of January 1, 2018, the community spouse, also known as the “at-home” spouse, or the “well spouse”, may retain up to $123,600 in liquid assets. The ill spouse cannot have more than […]

Your Home and The “Heggstad” Petition

Your home should be transferred to your revocable living trust for various reasons. One reason is to avoid probate of your home upon your death. Another reason is that as of January 1, 2017, if you die after having been on Medi-Cal, the state will not be able to pursue recovery against your home if […]