I hear people all the time talking about avoiding probate and avoiding attorney fees.  Let’s be clear probate is no walk in the park. However, it’s not the end of the world.  Additionally, I understand people do not want to pay an attorney unnecessary amounts of money.  The problem is a lot of people are so […]

How long does a probate take? My dad’s probate took 5 years! My sister-in-law’s probate has been going on for 2 years! I hate probate because it takes so long! Back to the top the question is how long should a probate take? The probate process should take 7 months in California from start to […]

Today is the day we, in the United States, commemorate Dr. Martin Luther King.  I was interested in what his estate plan said and so I googled “martin luther king’s will.”  It came up with an article from today. I thought to myself, “wow, I hadn’t heard about it in the next but maybe there […]

As opposed to a “council” which is a group of individuals I am COUNSEL or your counselor.  I suppose “advisor” would be another word. Yes, attorney or lawyer too! Basically I am the guy you call to get advise on your California estate plan. I am who you call to discuss revocable trusts, irrevocable trusts, […]

I have heard clients say they don’t need estate planning because they don’t have an estate. This may be true.  A lot of people do not own real estate, do not have stocks and bonds, and maybe don’t even have a bank account. However, do you have a collection of small record albums you want […]

A California revocable living trust package should include: 1) A California revocable living trust; 2) A “pour over” will; 3) A durable power of attorney for financial affairs; 4) An Advanced Health Care Directive or Health Care Power of Attorney or Living Will; 5) A General Transfer; 6) A Certified Extract or Abstract of Trust; […]

To waive bond or not to waive bond that is the question! In most, but certainly not all, California probate cases we seek to waive the requirement of a surety bond. However, in some cases we simply can not. That is either because all the heirs or beneficiaries won’t agree to waive the requirement or […]

Clearly if you win the lottery you should update your California revocable trust, right!?  Likewise, if you get divorced you should update your estate plan… and fast, right!? Are there other times you should be reviewing and possibly updating your plan?  Yes, there are a long list and some things are more obvious than others.  […]

As discussed in other posts the California probate process is 7 months minimum. At the end a final petition is filed. This informs the Court, and the interested parties, what has transpired during the probate. In a formal probate a full accounting is typically included in that final petition. This will show the money that […]

There are a variety of petitions we file in California probate Courts related to trust and estates. Here is a list of some of the options: Petition for Probate Spousal Property Petition Creditors claim Petition to demand a copy of the trust Petition to demand an accounting Petition to confirm assets into trust Petition for […]