Generally speaking one of the main reasons people get trusts is to REDUCE ATTORNEY FEES AFTER DEATH.  Yes, there are other benefits to a trust but this is one of the main reasons.  People want to avoid probate.  Sure probate takes 7 months minimum but beyond that it is costly… and most of that cost […]

2018 UPDATE: Back in 2012 I was brought in to consult on a Nevada trust litigation case. It was a hotly contested case where one side was attempting to use the California Heggstad law to move NEVADA real estate.  As an expert on the California Heggstad laws I was brought in to advise. In fact, […]

With a little careful planning, you may be able to avoid the probate question, or probate “problem,” all together. Avoiding probate saves money and greatly reduces the strain placed on your family by time in court. A meeting with an estate-planning attorney can help you figure out how to structure your estate so that probate […]

I was reminded again yesterday that Legal Zoom (legalzoom.com) is not right for everybody.  In my opinion Legal Zoom is great for VERY simple situations. If you want a simple will or simple power of attorney it may be fine to use Legal Zoom for your document creation. They can create simple forms and probably […]

California Probate Basics The first question most people have about probate is: “What is probate?” Probate is the fancy name for the legal maneuver used to conclude a person’s estate after death. Probate proceedings in California are within the jurisdiction of the Superior Court in the county of the deceased’s residence. The next question many […]

I met with a new client today whose husband died recently. She said she went to a local attorney, who was very nice, and told her she would have to do a full probate to get the house out of her husband’s name and into her name.  The grieving widow, luckily, decided to do a […]

In a full, or normal, California probate case the attorney fees are set by statute. It’s set in stone what one will pay and, absent extraordinary circumstances, the fee can not be more than that.  Also, the attorney fee should not be paid before the Court order.  Money for costs most certainly can be requested […]

Estate planning for the blended family is rarely simple. I recently had the pleasure of taking a multiple hour course on estate planning for the blended family. In fact, it was a tele-seminar conducted over 3 weeks to spread out the information. The lecturers were an experienced estate planning attorney (L. Paul Hood) and a psychologist/counselor […]

I work, at least a little bit, even when on vacation. Today, for example, my family and I played in the ocean waters in the morning. Now we are hanging out and checking email. I have already replied to all client emails sitting in my inbox.  I find that my client’s like me to personally […]

I just read the article on the Sacramento Bee’s website (sacbee.com) about the Thomas Kinkade estate dispute. What a horribly unnecessary waste of legal resources! With just a little bit of estate planning Mr. Kinkade could avoid his legal wife and apparent girlfriend from fighting in Court. Each has to hire at least one attorney […]