Though we don’t heavily advertise it we will make home visits for estate planning in some cases. These are typically very elderly and/or very sick people who need to get their California estate plan done or updated.  This could be wills, trusts, powers of attorney, living wills, health care directives, and the like.  We typically […]

In every California probate case, where there is a real estate sale, the title company will require the California probate lawyer to prepare a “comfort” letter. This is of course for the title company’s comfort and not yours! In any event this is a sample comfort letter:  ABC Title Company 1234 Main Street Sacrament,CA95814   […]

There are several ways to revoke a will in California. It’s extremely important that these methods are carefully followed as failure to revoke a will properly means the old will is stiff in effect! 1) WRITE A NEW WILL. It’s really simple to write a new will and in that will state “I revoke all […]

It’s not like the movies or TV! I go to probate Court a lot and also “appear” telephonically a lot more.  Telephonic appearances, via CourtCall, are great as I can be live in the courtroom but not travel to get there. This enables me to easily and efficiently handle probate cases throughout California. Today I have a […]

Heggstad petitions are a special petition that require great precision. They are not to try on your own or even without the counsel of a very experienced California probate lawyer.  This is simply not an area to dabble in as an inexperienced attorney has little chance of success.  There are a lot of important elements […]

I have personally filed, and successfully completed, more Heggstad petitions than any attorney I know of.  I know the nuances.  I know what Judges like to see. I know what the Heggstad case says. I also know to use California probate code 850 and not California probate code 17200 for a Heggstad petition. Ask your […]

You need to think and maybe even talk to your loved ones before you meet with your California estate planning attorney. That is, do you want to be cremated or buried?  Do you want your son, your daughter, or BOTH to be your trustee?  Who should make medical decisions for you when you cant?  The […]

This is an article written about 10 years ago but the principles remain the same.  Let’s chat about a more updated version of CRUTs and CRATs and how they apply to YOUR estate plan!  -John INTRODUCTION Is it possible for you to get a current income tax deduction, avoid the capitals gain tax on the […]

Efficient probate in California means SEVEN MONTHS start to finish. It just takes that long. How can you help keep things moving? 1) Hire an efficient attorney!  I generally can do the initial probate documents the first day I meet with you but certainly within 24 hours. 2) If there is a will find the […]

10 THINGS A PROBATE 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 […]