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…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…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…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 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…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”…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…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…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,…
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