Category Archives: Probate
The Special Administrator
At 61, Dan was known throughout his community as a successful, active and fun loving person. He was a veteran, a college grad and all around good guy who loved people and loved his job — a small roofing business he’d started in his early 40s. He was in good shape and had a… Read More »
Collecting the Small Estate
When someone passes away with a bank account that stands solely in his or her name without a beneficiary designation, the bank will likely “lock” the account upon learning of the death of the account holder. Only upon presentation of proper legal paperwork will the account be “unlocked” and distributed to the person(s) with… Read More »
Your Unintended Heir – The State
In an age of unprecedented possibilities for social communication and human connectedness, it is almost impossible to image anyone leaving this world without a single person to belong to. Not a family member, not an old friend, not even a familiar neighbor. But, as sad as this predicament may seem, it happens- and it… Read More »
The Reluctant Heir
You are probably wondering what a “reluctant heir” is. I had never given any thought to the possible existence of such a person either until I had to deal with an heir that would not receive his inheritance. I know what you are thinking — no one will ever have to refer to you… Read More »
One Property, Many Probates
On several occasions I have handled multiple probates for the same piece of real estate. When someone passes away owning real estate that is not in a living trust or owned in joint tenancy with another person, the property must go through probate to change the ownership to the beneficiaries under a will (or… Read More »
Don’t Wait to Probate
I was first introduced to the court proceeding called “probate” as a result of a frantic call I received soon after I began practicing law. The caller, a real estate agent, was handling an escrow and found that the sale couldn’t be completed because the seller (his client) didn’t have title to the property…. Read More »
Probate – An Overview
As a general rule, the way title to property is held on the date of a person’s death determines the procedure that must be used to change the title from the deceased person’s name into that of his or her heirs. If the property has been placed in a living trust, generally the successor… Read More »
California’s Plan for Distribution of Your Property
If you pass away without having made plans for the distribution of your worldly goods, the State of California will use its plan. These laws, called the laws of “intestate succession,” determine who your heirs are if you die without a will, trust, or other estate plan. They are based on presumptions as to… Read More »
Law of Relatives
The State of California has laws that determine what happens to your worldly goods if you pass away without having made plans for their distribution. The important factor in determining who inherits the property is the legal relationship between the deceased person and his or her survivors. If the deceased person was married and… Read More »