Recent Posts in Probate Posted By Randick O'Dea Tooliatos Vermont & Sargent LLP 21-Nov-2019 Defending a Will in Probate When someone contests the validity of a will or certain provisions, it can cause many complications and delays in the probate process. If you are named as the executor of an estate, part of your duties include defending the will against attacks by ... Continue Reading Posted By Sargent Law Offices 1-Aug-2016 Selling a Home Owned by Your Late Parents Have you lived in your parents’ house your entire life? While that may be the one place you call home, it may not necessarily be yours to keep or sell after your parents pass away. Due to estate planning laws, the familiar home will still need ... Continue Reading Posted By Hannah Sargent 18-Dec-2015 Revocable Transfer on Death Deed The revocable transfer on death deed, California Probate Code Section 5600 et seq. goes into effect on January 1, 2016. It will take time to see how this new process will work, but here are the basics. Some ins and outs of the new California Probate ... Continue Reading Posted By Hannah Sargent 31-Jul-2015 "5 Ways to Get in Trouble as a Successor Trustee" I recently published an article on Avvo titled "5 Ways to Get in Trouble as a Successor Trustee." The full article can be viewed here. In my article, I outlined five things you should not do as a successor trustee. They are as follows: ... Continue Reading Posted By Hannah Sargent 15-Jun-2015 How the Probate Process Works Probate is the process of collecting the deceased’s property and distributing it in accordance with the terms of his or her will. The process is supervised by a local probate court and follows a process regulated by state law or the Uniform ... Continue Reading Posted By Hannah Sargent 11-Jun-2015 Should I Hire a Probate Lawyer? As is evident from the previous post, an executor’s duties can be incredibly time-intensive and complicated depending on the type of estate that is being probated. Often an executor will hire a lawyer to help guide him or her through the ... Continue Reading Posted By Hannah Sargent 9-Jun-2015 How a Will Operates After Death: The Executor and Probate Proceedings After a person dies, his or her will undergoes probate proceedings before the will property can be distributed to the beneficiaries. This post will discuss the duties of an executor and the probate process. The Executor of the Will An important ... Continue Reading Posted By Hannah Sargent 23-May-2015 How to Use the Small Estate Affidavit As mentioned in the previous post, a Small Estate Affidavit can be used to transfer inherited personal property from a decedent’s estate without a court order if the estate is worth $150,000 or less. Many courts have Small Estate Affidavit ... Continue Reading Posted By Hannah Sargent 22-May-2015 The Estate Is Not Very Big. Do I Still Need to Go Through Probate? California Probate Code section 13100 provides for a Small Estate Probate in order to avoid a full probate if the decedent’s real and personal property in the state of California does not exceed $150,000 at the time of the decedent’s ... Continue Reading Posted By Hannah Sargent 21-Apr-2015 What Do I Do If I Can't Find the Will? Many families do not know if their loved one has a will or where to look for it unless the decedent has told them. If the decedent has a safe, lock box or a safety deposit box, these are the first places the family should begin looking. Very often, ... Continue Reading Posted By Hannah Sargent 21-Apr-2015 How Much Does Probate Cost in California? Although there are no minimum fees for probate in California, probate fee maximums are set by statute, California Probate Code Sections 10810-10814. Nearly every attorney, unless special circumstances exist, charges the maximum allow fee. This is ... Continue Reading Posted By Hannah Sargent 21-Apr-2015 How Long Will a Typical Probate Case Take? One of the first questions a client will ask me when coming to my office for probate is how long is this going to take? (The second, of course, is how much is it going to cost. ) Potential executors are overwhelmed with the thought of managing ... Continue Reading