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I recently got to diagnose a new case that I thought would really speak to some of my readers. A potential client (we’ll call him Mr. P) called me about a case where his wife had died and he believed he was inheriting a property as her will left him everything she had. Certainly everything she had would include a piece of real estate in Los Angeles that had been paying them rent money for years, right!? During our first conversation I told him the first thing I have to do is check the title history to confirm how title…
A lot of attorneys call themselves a “probate attorney.”  My question to you is: do you want a “probate attorney” or a “probate court attorney?”  My suggestion is you make sure you get a California Probate COURT attorney. I’ll tell you the difference and why it matters. At the time of writing this post I have been an attorney since 1994 – about 27 years! During the first 20+ years I considered myself a “probate attorney.”  I had probate court cases AND I also drafted wills and trusts… AND I did some conservatorships and guardianships… AND I did some trust…
Make sure you are on official IRS webpage when applying for EIN or TIN! I was trading emails with a probate client today and he said he was going to apply for a tin (tax identification number) and showed me the link. I reminded him that we are happy to take care of it for him but if he did do it himself to be sure he was on the IRS website. The link he was going to use was not the actual IRS website.  Be very careful because there are a lot of scammers out there on the big…
I saw this article and knew my readers would be interested. We have had several Covid-19 or Coronavirus deaths in our office in the past year. As a lawyer who is 100% focused on probate court cases, or death cases, I have seen more than my fair share. This could be a resource for those facing the hurdle of paying for a loved ones funeral after a Covid death. Maybe the government will reimburse!? CHECK IT OUT!   The post Funeral Reimbursement for Covid deaths? appeared first on Probate Sacramento CA | Trusted Probate and Estate Attorney.…
We have discussed California Spousal Property Petitions (SPPs) before. As a refresher an SPP is an abbreviated probate procedure used to clear title to property when a spouse dies. It doesn’t work in all cases but it works in many where one spouse dies and there is a surviving spouse. It works for both community and separate property. It deals with transferring property to the survivor AND confirming the survivor’s property as community.  The latter can be a big deal for capital gains purposes by giving the surviving spouse a full step-up in basis. Spousal Property Petitions are not always…
You probably aren’t the only person with the New Years Resolution to Avoid Probate Court When you Die.  It’s pretty standard for organized adults to want to provide for their loved ones when they die and they want to do it in the most efficient manner possible. The most efficient manner possible is to avoid a stop at the probate court after death.  Probate court is expensive and time consuming.  How can you take care of your New Year’s Resolution and avoid probate court for your loved ones? For most people, in California, the single best way to avoid probate…
Sadly forging a will in California probate and other probate court fraud does happen. No, I do not know of any specific situations but it happens. Sadly, the laws are sort of loose. For example, did you know you don’t need a death certificate to file for probate? Why is that?  It seems to me a certified copy of a will should be required to file for probate. Otherwise, the ability to commit fraud is too easy. However, this is not about that type of fraud. Today’s post is about an article I saw out of Utah.  A man tried…
The concept of the 90 day extensions and reverse mortgages in California probate is a common issue we deal with in our office.  As you likely know, if you are reading this blog post, a reverse mortgage is a way for a senior to borrow money against the equity in their home and not pay it back until after they have died.  These days we typically see arrangements where the money is held by reverse mortgage company, like a line of credit, and the senior can withdraw money up to the total amount of the line of credit. Others get…
What is a letter of intent with a reverse mortgage? I am asked this a lot as I run a statewide California probate law practice. A person has died, they had a reverse mortgage, and the reverse mortgage company has asked for a letter of intent. What should you do? First of all it’s important to know that reverse mortgage companies tend to not be flexible and friendly after death. They tend, though not always, to be sort of aggressive in moving toward a foreclosure. Thus, you should treat them with the highest level of respect so you don’t lose…
The Purchase Agreement Probate Addendum (form-PAPA) is a relatively new form. I believe it was released for use in the middle of 2019.  A draft copy is available to see on the California Association of Realtors website here.  You can purchase a copy there as well even if you are not a licensed Realtor or working with a Realtor. However, we do recommend our clients work with licensed Realtors and preferably ones with significant probate sales experience. The form is a game changer in the world of real estate sales in probates in California. Let me explain why! In…