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Husband and wife NOT as joint tenants and some options

INTRODUCTION I was presented a really interesting hypothetical recently. I thought it would make for a good blog post as there are a lot of intricate turns. It gets into issues of how to hold title, how to distribute assets between husbands and wives, and how small estate options work after death. HYPOTHETICAL In this […]

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Lack of trust funding and the small probate estate

INTRODUCTION It seems a day does not go by without speaking to a potential new client regarding their parent’s trust not being properly funded. There are different reasons this happened but the end result is they need to hire an attorney. This blog post focuses on the interplay of the small probate estate and funding […]

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Small Estates Law in California

In 2012, the law in the state of California changed regarding small estates. Currently, California Probate Code §13100-§13116, the Small Estates Law, says that if the value of the decedent’s estate at the time of death is less than $150,000.00, the estate does not have to go through probate. An affidavit is signed which is […]

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Know thy probate options

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 […]

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Payment Options For Small Estate Probate Cases

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 […]

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Flat Fee Probate Court Attorneys

Ethics are important to us and thus our hourly fee time is carefully noted in our time keeper program. However, some clients just do not like hourly fee arrangements. They want to know exactly how much they are going to spend.  We have heard the request many times and now we can offer FLAT FEE […]

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Options with $140,000 in assets

“My mom died with $140,000 in assets so I want to do a small estate.” “I want to avoid a full probate because I have heard how horrible it can be.” “What do we have to do to qualify to be a small estate?” “Do we have to do a small estate if we have […]

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Clearing Title To Timeshares

I am contacted frequently by people who need to clear title to a timeshare after death. Typically the timeshare is in mom and/or dad’s name but mom and dad are now deceased. The timeshares are often with Marriott, Wyndham, Starwood, and many other such timeshare companies. They are in often in places like San Diego, […]

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Avoiding Probate in California

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 […]

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Small Estate Hypothetical

With the updated California probate code 13100 a person can now pass up to $150,000 after death without entering into a full probate.  Today’s blog post is a hypothetical case to give you an example of how this code section works and what may be the benefits between a full probate and a small estate. […]

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