Legal Question in Wills and Trusts in California

Re: probate

If the estate is valued at more than $100,000 then yes a probate is needed. If the gross value of the real estate is worth less than $100,000 then a mini probate procedure can be utilized to clear title. Of course, there are not too many pieces of real estate with a gross fair market value, as determined by the Probate Referee, of less than $100,000. Though a full probate is likely needed you CAN sell the house during the probate if you want. Contact me if you want to discuss how it all works. Eaiser to tell you on the phone than in this post. The best way to navigate the probate Court system is with an attorney that knows the probate procedures inside and out. You can hire an attorney anywhere in the state as the attorney will file everything by mail and appear by "CourtCall" if necessary. The key is having an attorney who knows exactly when to file each document so that the process takes the minimum amount of time possible.

Re: probate

Yes. First, the will may or may not be valid. But, it has no legal effect until its validity is established in a probate proceeding. The the transfer or any of her assets must be done by her personal representative in probate, subject to court approval.

If you or your siblings want to avoid the need for probate when your time comes, or want to spare your family the unnecessary financial burdens of disability or incompetence, you should get an education.

You should probably use a living trust and other death and disability planning documents. Whether you can do this on your own or need attorney assistance has to do primarily with the nature and extent of your assets. Most people with a net worth of less than one million dollars ($1MM) can. My book, "Create Your Legacy & Save the American Middle Class. How You Can Protect Your Family and Loved Ones in the Event of Death or Disability (Without Paying Legal Fees) and Win their Gratitude and Admiration" explains all you need to know in simple, plain English. You can go to www.yourlivinglegacy.info for more information on this and obtain a download of the book. If you do decide its best to handle all of this without a lawyer, I offer online my Legacy Trust Package which includes a complete planning package, in simple English and valid in every State. The book is $19.95. The do it yourself trust package if you choose to use it is only $79.95.