Last week I had a professional fiduciary named as Administrator in one of my probate cases here at the Sacramento county probate Court.  Professional fiduciaries are a great choice to serve as administrator when there is fighting, or potential fighting, between family members. They are licensed by the state and can be bonded. In fact, there is […]

As you saw yesterday I want to try and blog about more of the California probate code section in coming days, weeks and months. There are so many incredible sections full of information there. Ok, let me back up a little bit. My parents were both attorneys. My dad was so into being an attorney […]

Did you know lawyers sometimes sit around and just think about the law!? Ok, well this lawyer does anyway. Probate Code 850 (in full below) is one of my favorites. It’s one of the most used tools we have in the trust administration world. Just look at the words of who can file a petition […]

As my law practice has developed over the years it has gotten to the point where it is 50% estate planning and 50% probate and trust administration. This means 50% of my work is planning for death and 50% is cleaning up after the fact. Let’s back up real quick. I went to three years […]

Talk about a loaded question!  Just the other day I was talking to a client, in a probate case, and she asked this question of me. It really is a loaded question though.  YES, you “can” just give it back BUT…. Let me start by saying there is simply no one size fits all answer […]

There are two types of authority your attorney can ask for in your probate case under the California Independent Administration of Estates Act (“IAEA”).   Which is better for YOU?   I look at each case individually and make the decision that makes the most sense for you the client. There are counter-balancing issues on each side […]

So you just lost a loved one and now, to add insult to injury, you learn the house is upside down. That is, the house is worth less than your deceased loved one owes on it. Your first instinct, particularly if it’s the only “asset,” is to walk away. However, could you earn yourself some […]

I get this call a lot. “My mom died in Sacramento and I need help!”  Often the caller or emailer grew up in Sacramento but left and never returned. However, mom and dad stayed behind.  Often dad died a few years ago and now mom moved on. These clients do not live here anymore, often […]

You live nowhere near Sacramento but you have a legal issue here. How would that work?  Some common reasons people, who live elsewhere, hire us to do legal work are: 1) mom/dad/relative/friend died in the Sacramento area and you need a probate attorney here to handle that for you and 2) your mom/dad/relative/friend lives here and […]

I have had a number of calls lately from people who had a death in the family and need to clear title to real estate. However, the death wasn’t last week or last month… and in one case not even last decade.  In many cases there is no rush to clear title through a probate […]