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Where is home for this probate?

I was recently contacted by a potential client who lived in California. They had lost a loved one and wanted to know about probating their loved one's will. That all sounds simple so far but wait.... Like many their loved one had set up a will and trust in the US and put some, but not all, of their assets into the trust. This is a common problem so please heed this public service message: FUND YOUR TRUST WHILE YOU ARE ALIVE! Their loved one further complicated the situation by moving to another state in the union and then moving to a foreign country which is where they resided at death. Can a California probate attorney help? Wellllllll, it's complicated. Maybe. Two different thoughts came to me:
  1. Full probate, or
  2. Heggstad petition.
The full probate op
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Big delays in California probate courts

Even if you have the best California probate attorney you can get a bad court date. In most cases there are two court dates given. One at the beginning when you file the Petition for Probate or Petition for Letters Testamentary or Petition for Letters of Administration. The second date is at the end of probate when you file your accounting which is often called a First and Final Report. I always ask the Court to actually follow the law and give my clients a court date within 30 days as provided in California probate code 8003.  That section provides, in part, "The hearing on the petition shall be set for a day not less than 15 nor more than 30 days after the petition is filed." However, many courts ignore the law and still file 2 or 3 months out. So the first court date does at least ha
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Highway robbery and costs of probate publication

I file a lot of probates each year throughout the state of California. Just off the top of my head I think I have open probates right now in Los Angeles, San Francisco, Alameda, San Diego, Riverside, Sacramento, Placer, Orange, El Dorado, Ventura, Sonoma, Fresno, Kern, Amador, San Bernardino, Sutter, San Joaquin, Contra Costa, Butte, San Mateo, Santa Clara, and I am sure I am forgetting a few. In each probate case we have to publish in a newspaper that is adjudicated with the court and covering the place the decedent resided. In many cities, particularly larger cities, there are several newspapers competing for the business. There might be a "cheapie" at $150 and maybe the local daily Goliath charges $750. In most of those cities we have papers we have found reliable who trend toward the
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John Palley to speak at Placer Association of Realtors

PRESS RELEASE – John Palley to speak at PCAR again

Roseville, California.  John Palley will be the main speaker at the Placer County Association of Realtors   Lunch and Learn meeting on March 16, 2018. He will be talking about real estate sales in probate cases. His entire outline is below. Here's the video for you to check out on YouTube.  

Placer County Association of Realtors – March 16, 2018

By: John B. Palley, Esq.

I.          Introduction Read More