“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 […]

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, […]

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 […]

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. […]

Don’t forget the threshold for small probates is now up to $150,000 rather than $100,000 in California. This means you can pass up to $150,000 without probate in California.  However, remember that assets are based on GROSS VALUE not net value.  Also, remember that just because one avoids formal probate does not mean one avoids […]

This is the last law update for the week. This covers the last law changed by AB 1305.  California probate code 13600 deals with last salary of a decedent (including vacation pay). It should be paid to the surviving spouse without the surviving spouse having to go to probate Court to get Letters of Administration […]

I have posted a few blogs on  these law changes which are really major for small estates in California. Here’s the actual language of the whole thing: BILL NUMBER: AB 1305   CHAPTERED BILL TEXT CHAPTER  117 FILED WITH SECRETARY OF STATE  JULY 25, 2011 APPROVED BY GOVERNOR  JULY 25, 2011 PASSED THE SENATE  JUNE 27, […]

Currently you can pass up to $100,000 after death without going through probate. California Probate Code 13100 provides the backbone of that. It’s pasted below. I have heard the California legislature is changing that to $150,000 effective January 1, 2012. Let’s see…. California Probate Code Section 13100 Excluding the property described in Section 13050, if […]