I have told you before that all answers are in the probate code, right!?  Most probate cases allow for simple sales of real estate that do not require Court confirmation before the sale. However, in some cases Court confirmation is required before the sale. What do you do then?  Well, I have a case right […]

These posts I am making from a past probate seminar I gave for NBI have generated a lot of interest. That’s great. I have a hunch this will generate the most. There are a lot of insolvent (BANKRUPT) probate estates in California. In many of these cases we can still put dollars in your pocket […]

A lot of people come home from a vacation with a souvenir they did not intend to ever buy… a shiny new TIMESHARE or ”vacation club” or even a fancy “fractional ownership!”   It seemed like a great idea after a couple of Mai Tais I am sure!  One of the sales benefits often gushed by the […]

Everybody talks about estate taxes, gift taxes, and income taxes in estate planning but it’s important to realize there are other taxes that can sneak up on you.  Most people instantly think of the above mentioned taxes when doing their estate planning in California.  However, an even bigger problem in California estate planning is property taxes.  It’s important […]

I meet with clients almost daily where we discuss the benefits of employing a revocable (or “living”) trust to help plan their estate.  The living trust becomes the centerpiece of basic estate planning for most people both due to the benefits it provides but also due to the horror stories it can help avoid.  With […]

Disclaimers are an incredible tool to be used in California estate planning, trust and probate law. Typically they are used after death in probate and trust administration settings. In some cases people call it “after death estate planning.” In any event it is a very powerful tool that not enough California attorneys know about. Below are […]

More information from my 2008 presentation on probate in California is pasted below. This section is on managing the estate cash responsibily.  Failure to do so can make you personally liable so be careful! For more information contact me directly or visit our website at www.californiaprobate.info Managing the Estate Cash Responsibly As stated in the […]

I had the pleasure of going to a presentation yesterday as part of the Sacramento Region Community Foundation’s Philanthropic Advisor’s Forum. It’s a group of other professionals (estate planning attorneys, CPAs, financial planners, etc…) who deal with clients who give to charities.  One speaker, Scott Hanson (from Hanson McClain Advisors), spoke about this new project […]

People throughout California create revocable living trusts to avoid probate Court after death. It’s smart. It’s simple economics. If you have a $500,000 gross estate probate will be over $15,000 after your death.  Having a living trust, which may cost $2,500, will avoid probate. That doesn’t even factor in the emotional cost of probate. Just […]

Did you know you can get a distribution BEFORE 7 months is up in a California probate case? That’s true. Below are my notes from a 2008 seminar I presented on probate law to a group of attorneys.  Please review these notes, our probate website (www.californiaprobate.info) or contact me directly.  -John Partial Distributions Pursuant to […]