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

  1.   John Palley – Meissner, Joseph & Palley
    1. John is 100% probate attorney
    2. Offices in Sacramento, Roseville and Davis
    3. Practice throughout California
    4. John Palley is a Certified Specialist in Estate Planning, Trust and Probate

B.             Real Estate sales in probate cases

II.         How Does a Real Estate sale become a Probate real estate sale?

  1. Most commonly there is no LIVING TRUST involved
  2. In some cases it’s avoided by a deed (joint tenancy or CP with ROS)
  3. Wills – Simple but some type of probate required when there is real estate
  4. Other Estate Planning (LLC’s, FLPs and QPRTs)
  5. Don’t forget title companies make the law but are not perfect

III.       What is Probate

  1. Generally speaking – Probate Court involvement
  2. Different options if assets worth less than $150,000
  3. Formal Probate is a 7 month (or more) process
  4. The probate code (pc) and the Judge create a formal process
  5. The PC lays out strict guidelines for collecting assets & dealing with creditors

IV.       Real Estate sales in Probate Administration

  1.   Million Dollar Question: When can you sell property in probate?
  2.   Listing Agreements – Probate form recommended but not required – 90 day ;o,ot
  3.   Probate Sales Form and Probate Advisory Form
  4.   Short Sales in Probate?  (Protecting other estate assets)
  5.   Key Point in Probate: IAEA v. Non-IAEA (PC 10452 v. PC 10309)
  6.   Selling Upside Down Houses in Probate – PC 10360 et seq.
  7.  Realtor should not be related to PR and not purchase estate property
  8.   Notice of Proposed Action and/or Court Confirmation (waiver is possible)
  9.   Document all marketing and pricing work very carefully
  10.   Commissions – same as any other real estate deal
  11.   Disclosures that are not provided in probate: The Transfer Disclosure Statement, The Seller’s Questionnaire, Earthquake Booklet, Earthquake Questionnaire, signature on the Natural Hazard Disclosure but the report needs to be provided, and Smoke Detector form.
  12.   Disclosure that are required in probate: Lead Based Disclosure, Data Base Disclosure (Megan’s Law), Water Heater Disclosure and strapping, and anything actually known.

VI.   Probate isn’t over yet

  1. Just because the house closes probate isn’t over
  2. Explain the rest of the probate process
  3. Creditors
  4. Taxes
  5. Final accounting

VII.   Probate Listings

  1. Some ideas for helping YOU get more probate listings

VIII.   Conclusion

  1. Working with a qualified probate attorney will make you look good.
  2. Contact me with any questions!

John B. Palley, Esq.

THINGS A PROBATE/TRUST LAWYER LIKES TO SEE IN A

REAL PROPERTY SALE

1)        Market Analysis Report in writing

2)        Probate Listing Agreement

3)        Marketing Plan

4)        Keep detailed log of all marketing and offers

5)        Use of Probate Sales forms

6)        Fax/email agreement once fully signed

7)        Title company information to attorney

8)        At least 20 (or 45 – trust) days for escrow unless discussed beforehand

9)        Final closing statement

10)  Plus, everything you would do for a “regular” client!

Meissner Joseph & Palley opens Woodland, California Office

PRESS RELEASE September 14, 2015

Sacramento, CA. The Law Offices of Meissner, Joseph & Palley, Inc. is pleased to announce the opening of it’s Woodland, California office to serve it’s many clients in Yolo County. Marissa D. Sirota, a Woodland probate attorney, will manage the office. Ms. Sirota started her legal career as a trial lawyer and now focuses on assisting clients with their estate administration, estate planning, and probate-related legal needs. Marissa Sirota received her law degree from Thomas Jefferson School of Law in San Diego, California and graduated in the top third of her class. She also holds an advanced finance degree from California State University of Northridge. She is a certified mediator and the current acting Secretary of the Yolo County Bar Association. The Woodland office is located at 712 Main Street, Suite 101 Woodland, CA 95695. Additionally, Yolo county residents, Sasha Collins and Joseph Uzarski, who are also attorneys with the firm, will have office hours at the Woodland office to serve the firm’s Yolo county clients.

Meissner, Joseph & Palley has been serving the Sacramento valley since 1979 when it was known as The Law Offices of Johnson & Fort. The firm’s focus is business, estate planning, probate and tax law. The firm has offices in Sacramento, Roseville and Woodland and serves clients with legal needs throughout California.

Press Release – Joseph F. Uzarski

PRESS RELEASE September 8, 2015

Sacramento, CA. The Law Offices of Meissner, Joseph & Palley, Inc. is pleased to announce the hiring of Joseph F. Uzarski as a business and estate planning attorney. Mr. Uzarski graduated from UC Davis School of Law and was admitted to the State Bar of California in 2014. He previously graduated Magna Cum Laude from Oakland University in Rochester, Michigan. Mr. Uzarski handles a range of legal subjects including Probate, Estate Planning, Real Property, and Business Law. While at UC Davis School of Law, he was named champion of the 2013 Neumiller Oral Advocacy Competition, for which he also co-authored the Best Brief.

Meissner, Joseph & Palley has been serving the Sacramento community since 1979 when it was known as The Law Offices of Johnson & Fort. The firm’s focus is business, estate planning, probate and tax law. The firm also has offices in Roseville and Woodland and serves clients with legal needs throughout California.

uzarski.8.18.15

Press Release – Ulises Pizano-Diaz

PRESS RELEASE                                           

Sacramento, CA.  The Law Offices of Meissner, Joseph & Palley, Inc. is pleased to announce the hiring of Ulises Pizano-Diaz as a tax, business and estate planning attorney.  Mr. Pizano is fluent in Spanish and previously worked at a boutique tax law firm where he represented clients in all aspects of tax controversy and litigation, and administrative appeals. His practice focused on both federal and state tax issues including multi-state issues such as “nexus,” non-residency, and apportionment. He also advised non-resident businesses on potential California tax liabilities. Additionally, he also assisted clients with criminal tax matters at both the federal and state level.

Mr. Pizano graduated, with distinction, from University of the Pacific, McGeorge School of Law and received a Masters in Accountancy/Tax from California State University Sacramento. Mr. Pizano has been admitted to practice law by the State Bar of California, the Eastern District of the U.S. District Court and the U.S. Tax Court.

Mr. Pizano serves as Education Chair to the Taxation Committee of the State Bar of California, is the Vice Chair of the California State Car Corporate and Pass through Entities Committee, is the Speaker Chair for the Business Section of the Sacramento County Bar Association, and is the Treasurer of the Taxation Section of the Sacramento County Bar Association.

Meissner, Joseph & Palley has been serving the Sacramento community since 1979 when it was known as The Law Offices of Johnson & Fort.  The firm’s focus is business, estate planning, probate and tax law. The firm also has an office in Roseville.

Ratings and Reviews

10.0John Bernard Palley
Wealth Counsel Member
2015 Best of the Best Badge