Recent Posts in Probate Category
Posted on May 12, 2023 By James D. Stephens, Esq.
What qualifies as a “Small Estate” under California law? Under California law, an estate valued at $188,400 or less (for deaths on or after April 1, 2022) qualifies as a “small ...
Continue reading "What qualifies as a “Small Estate” under California law?" »
Posted on Apr 28, 2023 By James D. Stephens
In estate planning and inheritance law, some important concepts can change who inherits what from you. Lapse, ademption, and exoneration all relate to the distribution of assets after a person’s ...
Continue reading "What is the difference between lapse, ademption, and abatement? And why should I care?" »
Posted on Feb 1, 2022 By James D. Stephens
A Trust is a legal document that allows you to transfer ownership of your assets to a Trustee, who then holds and manages those assets for the benefit of the Trust’s beneficiaries. One of the ...
Continue reading "How do Trust assets avoid probate court?" »
Posted on Aug 23, 2018 By Stephens Law Group
Yes. According to court records filed this week by her family, the Queen of Soul joins the long list of celebrities (think of Prince, Sonny Bono, Jimi Hendrix) with no written Will or estate plan. ...
Continue reading "Is it true that Aretha Franklin died without a Will?" »
Posted on May 9, 2014 By Stephens Law Group, P.C.
Yes. According to her attorney, Mickey Rooney's widow just filed a contest of her late husband's Will, in the probate department of the Los Angeles Superior Court. The complete story can be ...
Continue reading "Did Mickey Rooney's widow really contest her late husband's Will?" »
Posted on Jan 17, 2014 By Stephens Law Group
No. Only a decedent's Will may be lodged with the Superior Court ( California Probate Code §8200 ). If you're still alive, the court will reject the document for filing. You're better ...
Continue reading "May I lodge my original Will with the Court for safekeeping?" »
Posted on Jan 3, 2014 By Stephens Law Group
The untimely deaths of some celebrities ( Paul Walker, James Gandolfini and Cory Monteith, to name a few) in 2013 underscore the need to create your estate plan now. So is one of your 2014 resolutions ...
Continue reading "Do your New Year's resolutions include estate planning?" »
Posted on Oct 21, 2013 By Stephens Law Group
When attorneys talk about "funding a Trust", they're talking about the process of transfering assets to the Trust. A Trust (sometimes called a Family Trust, Living Trust, or Revocable ...
Continue reading "What does it mean to "fund" a Trust?" »
Posted on Oct 3, 2013 By Stephens Law Group
Okay, pop quiz. Which of the following is the best definition of a "Trust"? A legal entity that holds title to your assets; The fiduciary relationship between a Trustee (legal title) and a ...
Continue reading "What is a Trust?" »
Posted on Oct 1, 2013 By Stephens Law Group
When you think about it, estate planning is the process of making decisions now so that other people don't have to guess what you want done later (at your incapacity or death). A good estate plan, ...
Continue reading "Do I Need Estate Planning?" »
Posted on Sep 30, 2013 By Stephens Law Group
We get this question a lot. And the California State Bar Foundation (one of our favorite providers of free, easy-to-read consumer guides on many legal subjects) does a good job providing the answer: ...
Continue reading "Do I need a Will?" »
Posted on Sep 27, 2013 By Stephens Law Group
Question : Are probate and estate taxes the same thing? Answer : No, they have only one thing in common – they both occur after your death.Other than that, they really don't have much to do ...
Continue reading "Are probate and estate taxes the same thing?" »
Posted on Sep 25, 2013 By Stephens Law Group
In California, probate court cases last about 1 year. But it's not unusual for it to take longer. Here's why: In most counties, it takes 4 to 8 weeks before the court will hear a Petition for ...
Continue reading "How long should a California probate case take?" »
Posted on Sep 24, 2013 By Stephens Law Group
You may have heard that Probate Court in California costs a bundle, but is it really that much? The short answer is: probably. Under California Law (CA Probate Code §§10800-10810 to be ...
Continue reading "Probate court costs how much?" »