Probate And Settle An Estate In California

Overview

While probate is a complicated court process, Probate and Settle an Estate in California can help you understand, prepare for, and work through the steps necessary to handle both property that is subject to probate and property that is not subject to probate in the state of California.

Written in an easy-to-understand manner, this book will give you confidence as you navigate the probate court system. From dealing with creditors' claims and changing property ownership to ...

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Probate and Settle an Estate in California

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Overview

While probate is a complicated court process, Probate and Settle an Estate in California can help you understand, prepare for, and work through the steps necessary to handle both property that is subject to probate and property that is not subject to probate in the state of California.

Written in an easy-to-understand manner, this book will give you confidence as you navigate the probate court system. From dealing with creditors' claims and changing property ownership to transferring assets and handling estate taxes, Probate and Settle an Estate in California covers the essentials you need to close an estate.

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Product Details

  • ISBN-13: 9781572485921
  • Publisher: Sourcebooks, Incorporated
  • Publication date: 3/1/2007
  • Series: Legal Survival Guides
  • Edition number: 3
  • Pages: 354
  • Sales rank: 817,075
  • Product dimensions: 8.50 (w) x 10.88 (h) x 0.89 (d)

Meet the Author

Douglas E. Godbe received his JD from the University of San Diego. He is a California State Bar Certified Specialist in probate, estate planning, and trust law. Godbe has been a speaker for several California Bar Continuing Education programs focusing on Basic Trust Drafting. He has practiced in the areas of probate and estate planning for more than twenty-five years, most recently in Laguna Hills, California.

John J. Talamo is a graduate of the University of Notre Dame and received his law degree from the Detroit College of Law at Michigan State University.

In addition to advising clients on all matters relating to buying, selling, owning, and renting property, Mr. Talamo has written or coauthored several book on topics relating to real estate and business. Collectively, his books have sold over two million copies and are used nationally by government agencies, title companies, escrow companies, and real estate agents.

He resides outside Las Vegas, Nevada.

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Table of Contents

Using Self-Help Law Books
-
Introduction
-
Chapter 1: An Overview -
-Finding the Law and Using Court Forms
-Types of Property
-Assets that Must be Probated
-Assets that Do Not Have to be Probated
-The Personal Representative
-Income Taxes
-Estate and Inheritance Taxes
-Using a Lawyer
-Funeral Arrangements and Other Immediate Tasks

Chapter 2: Transferring Nonprobate Assets -
-Joint Tenancy
-P.O.D. Bank Accounts and T.O.D. Brokerage Accounts
-Life Insurance, Annuities, Pensions, IRAs, and
-Private Retirement Accounts
-Totten Trust Account
-Living Trust
-Property Passing to a Surviving Spouse
-Small Estate Distribution

Chapter 3: Starting Probate Proceedings -
-Waiver of Right to Act as a Personal Representative
-Preparing the Petition for Probate
-Proof of Subscribing Witness Form and
-Proof of Holographic Instrument

Chapter 4: The Hearing -
-Notice of the Hearing
-The Hearing
-Order for Probate
-Duties and Liabilities of the Personal Representative
-Bond
-Letters Chapter 5: Personal Representative's Initial Steps -
-Understanding Fiduciary Duty
-Marshaling Estate Assets
-Request for Special Notice

Chapter 6: Inventory and Appraisal -
-Types of Inventory and Appraisals
-Preparing the Inventory and Appraisal
-Submitting the Inventory and Appraisal to the Probate Referee
-Filing the Inventory and Appraisal

Chapter 7: Handling Creditors' Claims -
-Duty to Ascertain Creditors
-Informal Payment of Debts
-Giving Written Notice to Creditors
-Claims Not Covered by the Regular Rules
-Filing the Creditor's Claim
-Allowing or Rejecting a Creditor's Claim
-Contesting Allowance or Rejection of Claim
-Informal Resolution of Rejected Claims
-Judgments

Chapter 8: Family Protection -
-Temporary Family Protection
-Exempt Property
-Probate Homestead
-Family Allowance
-Small Estate Set Aside

Chapter 9: Independent Administration of Estates Act -
-Actions that Cannot be taken under the IAEA
-Actions that Can be taken under the IAEA

Chapter 10: Sales -
-Published Notice of Sale
-Court Approval of Sales
-Personal Property Sales
-Real Property Sales

Chapter 11: Taxes -
-Income Taxes
-Income Tax Basis Adjustment
-Estate Taxes
-Conclusion

Chapter 12: Final Distribution -
-Final Distribution and Closing the Estate
-Notice of the Hearing
-The Hearing
-Order Settling Final Account
-Final Distribution

Glossary
-
Appendix A: Sample Filled-In Forms -

Appendix B: Blank Forms -

Index -

Douglas E. Godbe received his J.D. from the University of San Diego. He is a California State Bar Certified Specialist in probate, estate planning and trust law. Godbe has been a speaker for several California Bar Continuing Education programs focusing on Basic Trust Drafting. He has practiced in the areas of probate and estate planning for more than twenty-five years, most recently in Laguna Hills, California.

John J. Talamo is an attorney in Orange County, California. He is a graduate of the University of Notre Dame and received his law degree from the Detroit College of Law at Michigan State University. Mr. Talamo taught law for thirty years at various colleges on the West Coast, while maintaining his legal practice.

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