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Recent Posts in Probate Category

What qualifies as a “Small Estate” under California law?

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 ...
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What is the difference between lapse, ademption, and abatement? And why should I care?

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 ...
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How do Trust assets avoid probate court?

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 ...
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Is it true that Aretha Franklin died without a Will?

[7/11/2023 UPDATE] No. According to a Michigan Jury, a handwritten note found in the singer's couch is actually a valid Will. See the AP News article here: ...
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Did Mickey Rooney's widow really contest her late husband's Will?

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 ...
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May I lodge my original Will with the Court for safekeeping?

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 ...
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Do your New Year's resolutions include estate planning?

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 ...
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What does it mean to "fund" a Trust?

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 Trust) ...
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What is a Trust?

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 ...
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Do I Need Estate Planning?

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, at ...
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Do I need a Will?

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: ...
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Are probate and estate taxes the same thing?

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 with ...
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How long should a California probate case take?

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 Probate, ...
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Probate court costs how much?

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 ...
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Agoura Hills estate planning, probate & trust attorneys

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Stephens Law Group - Agoura Hills Estate Planning Attorney
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