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Probate book for your KINDLE – download it now!
As my avid readers know I was excited to release a book about the California probate process a couple months back. In all honesty sales have been better than expected. It took a while to get the Kindle...
View ArticleThe California probate process speech
I feel thankful that NBI and other organizations consistently ask me to come talk about estate and probate law. Yesterday I had the pleasure of speaking for almost two hours on probate law to a group...
View ArticleHow to probate when a husband and wife die a year a part
I had a really interesting fact pattern today that I wanted to share. I got the perspective client’s permission to share but, of course, names are changed for privacy. Sadly Gina’s mom, Molly, died in...
View ArticleStuff happens… so finish your estate plan
Every year it happens. Every year I get to the end of the year and am amazed that some people I met with months ago have not finished their estate plans yet. People who have had rough drafts mailed to...
View ArticleNew Years Resolutions
Each year I am told of clients who had a new years resolution to “Get our estate plan done this year….” Each year they tell me they failed to do it until finally they came to see me. Often they tell me...
View ArticleFAST probate in California….
Did you know you can request your first probate court hearing be hearing in only 30 days? The California probate code specifically authorizes this at California probate code 8003. Here is the text of...
View ArticleCalendar Notes in Probate Court
You get calendar notes in your probate court case. Now what do you? Every county is different. Some counties post calendar notes (or “tentative rulings”) a day before the court hearing and some do it a...
View ArticleCarne v. Worthington (2016) 246 Cal.App.4th 548 – Heggstad petitions with trusts
You likely know that CaliforniaProbate.info tries to stay up on all “Heggstad” related news. As the owner of www.heggstadpetition.com it is imperative that I keep up-to-date on these cases. We advise...
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Estate planning lessons from other’s mistakes
On March 11, 2016 I got the call of a lifetime… and I do not mean that in a good way. I got the call from the police, in Logan, Utah, that my mother had been shot to death by her husband. This is not a...
View ArticleBad deeds
I have had multiple cases recently where title companies have refused to honor deeds recorded around the time of death. That is, the person just before death signed a deed to transfer the property to...
View ArticleSteps to Take upon death of a loved one
You just lost a loved one… now what? As a probate attorney for over 20 years I have dealt with well over 1,000 deaths at work. I have also dealt with the deaths of several family members and close...
View ArticleCalifornia Civil Code 2920.7 – Survivor Rights with Real Estate Mortgages
On January 1, 2017 the California legislature enacted a new law, California Civil Code 2920.7 (pasted below) which aims to help the survivor deal with a mortgage company when their name is not actually...
View Article“Hi Grandma it’s….” ** SCAM ALERT **
SCAM ALERT An old friend lost her husband recently. He was a really great guy but that’s not the point of this post. She told me that within days of the death she received a call where the caller said,...
View Article“Letters Testamentary” v. “Letters of Special Administration”
I had an interesting case lately. The decedent had money in another jurisdiction that was not in their trust. However, it’s in a different jurisdiction, with different laws, and it sounds like the bank...
View ArticleNew Tax Laws and YOU
Unless you live under a rock, deep in a cave, you have heard about the new tax act that Congress is putting together. This is not a political commentary on that act. More importantly a few things to...
View ArticleHow fast can a probate be filed in California?
I have been asked how fast a probate can be filed in California many times. In my office fast can be REALLY FAST and in some cases the same day as initial contact is made. You can read about that down...
View ArticleCrazy Court Dates – Courts Must Be Busy
Well the California probate courts must be busy. We just got a crazy court date in a matter in Orange County probate court. That is, we filed a final petition last week to end a probate. So let’s say...
View ArticleNew California Probate Code Section 851
Attention probate attorneys and do-it-yourselfers: If you are utilizing California probate code 850 to do a Heggstad petition or other utilization of this broad code section be careful on your notice...
View ArticleHeggstad for non-California assets part deux
In homage to the great American movie starring Charlie Sheen and Lloyd Bridges among others, Hot Shots Part Deux, I bring you part deux on Heggstad petitions for non-California assets. This is a...
View ArticleWhy don’t attorneys return my call?
It has been said to me by many a client, “it is truly a breath of fresh air how fast you reply to emails and phone calls… thank you.” They often then say something like other attorneys don’t even call...
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