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April 14, 2023
A living trust may help avoid probate in California

A Living Trust May Help Avoid Probate in California

The probate process in California can be time-consuming, expensive, and emotionally draining for the loved ones left behind. Fortunately, a powerful legal tool exists which offers a solution to this problem: the living trust. A living trust is a special instrument that exists at the crossroads of law and finance, allowing you to transfer ownership of your assets to a special, legally recognized entity—your trust—during your lifetime. After you pass, the assets in the trust […]
April 29, 2022
What Is Palm Springs Best Known For?

What Is Palm Springs Best Known For?

The city of Palm Springs is situated in the Coachella Valley, roughly 100 miles east of Los Angeles in the Sonoran Desert. This popular resort town is known for its gorgeous sunny climate, golf courses, restaurants, hotels, and natural hot springs. Palm Springs is home to many Hollywood stars, as it has been a preferred destination to get away from the hustle and bustle of Los Angeles since the 1930s. An Ideal Climate One of […]
January 15, 2022
Wrongful Death and Survival Actions

Wrongful Death and Survival Actions

If you have lost a family member because of the wrongdoing of another, you should consider filing either a wrongful death or survival action lawsuit or both if the circumstances permit. I handle probate matters, including wrongful death and survival lawsuits by personal representatives. To file a lawsuit you may need a probate representative which is a term that includes both “executors” and “administrators.” An “executor” is the person designated in a Will to administer […]
November 25, 2021
Why Is Los Angeles So Popular?

Why Is Los Angeles So Popular?

Los Angeles is one of the most famous cities in the world, and tourists flock there by the millions each year, but what makes it so popular? When you combine the temperate year-round climate with a bustling urban center, stunning beaches, and the glitz and glamour of Hollywood, it’s not hard to see why this is a major travel destination. Consider these reasons why LA is such a popular place on the California coast to […]
May 13, 2021

What Happens in California if You Cannot Find the Will?

A common question that a probate attorney is asked is how to obtain a copy of a last Will and Testament. Locating the Will may be urgent if funeral or burial instructions are contained in the Will or if anatomical gifts or the authority to conduct an autopsy are granted in the Will. First of all note that you cannot ask to see a copy of a living person’s Will – this is because while […]
May 10, 2021

Payable on Death (POD) and Transfer on Death (TOD) Accounts

The form of ownership determines how property will be managed during the owner’s lifetime and how it will be distributed at the owner’s death. Alternative methods of transferring property on death are sometimes known as “nonprobate transfers,” which include transfers made under California Probate Code §5000. If an account, e.g., a bank account, is payable-on-death (POD) or is a retirement account, e.g., an IRA or non tax deferred brokerage account, is transfer–on-death, with a designated beneficiary (TOD), at death […]
May 4, 2021

What Happens if an Emergency Arises Before a Personal Representative Is Appointed?

Letters of Special Administration Most probate cases follow a similar pattern. It generally takes four to six weeks from the time a petition for probate is filed until Letters can be issued to the personal representative. However, in some cases there are exigent emergencies that need to be dealt with immediately. If an emergency situation exists so that appointment is urgently needed before the Petition for Probate can be heard by the Probate Judge, you […]
May 3, 2021

Is Your Will Valid Under California Law?

The California Harmless Error Doctrine Whether a document constitutes a valid will in California is a function of two variables: (1) the state’s Wills Act formalities, and (2) the degree of judicial compliance the courts require with respect to the statutory requirements including “harmless error.” This article addresses the formal requirements of a valid will first and the relatively new “harmless error” doctrine later in this article. With regard to formal requirements: (1) Under California […]
April 30, 2021

Independent Administration of Estates (IAEA)

What Is the Independent Administration of Estates Act? The Independent Administration of Estates Act (IAEA), enacted in 1987, has changed and streamlined the way in which probate sales may proceed. The IAEA is a series of laws allowing the personal representative to administer most aspects of the decedent’s estate without court supervision. The authority to administer the estate under the IAEA can be given by the decedents will or by the court upon the petition […]