Celebrity turntablist DJ AM died without a will. His mother filed for probate and sought to be appointed executor of his estate. Since he was unmarried and had not children it is a near certainty his mother will be appointed executor (had this probate been in California then she would have been appointed administrator.)
This should be plain vanilla probate. There's no hint of any illegitimate children or secret marriages. If so then his mother should be able to move this probate along and receive the net estate as the sole beneficiary.
I am regularly asked whether an executor or trustee needs an attorney to represent them in probate court. I can't imagine any other setting in which a person going to court would seriously ask whether they need a lawyer. Well, it's easy for a probate lawyer to tell you how much you need a lawyer in probate court. So don't take my word for it. Franklin County (Ohio) Probate Court Judge Eric Brown posted this on his court's website:
Does a Fiduciary Need an Attorney?
Due to the complexity of the law and the legal problems that are involved in estate administration, the Court strongly recommends that all fiduciaries seek legal counsel. Good legal advice and guidance can expedite the probate process, prevent costly errors, and protect against the fiduciary being sued.
When judge tells you that you need an attorney... you need an attorney.
Foreclosure and probate are no strangers to each other in California. In our badly depressed real estate market many homes are worth less than the mortgages on them. Unfortunately, the obligation to make timely mortgage payments doesn't stop, or even pause, when your loved one dies. Some people think there is some type of grace period in which the mortgage payments temporarily cease while the probate process gets under way. This simply isn't so.
If you are an executor and become aware the probate estate is facing foreclosure on a piece of real estate then you must act quickly. Inform your probate attorney the foreclosure process has begun.
If there is equity in the property so it is worth saving then your probate lawyer will probably do one of two things. First, contact the lender and see if the loan can be brought current. If the probate estate has enough cash available then this is the fastest, simplest way to save the property. You will be able to use that cash to save the property if your letters testamentary or letters of administration have already issued.
Your second option for saving a property in foreclosure is to have your probate lawyer obtain a temporary restraining order to prevent the lender from foreclosing on the property. This is definitely not your best option. As you might imagine, judges are well aware of how these prejudice a lender who is trying to collect a legitimate debt. If the property is not sold during the period of the first order the judge will probably allow the lender to foreclose when the order expires.
If you are nominated as the executor of a probate estate or want to serve as administrator of an intestate estate then choosing your California probate lawyer is one of the most important decisions you will make. Finding a qualified probate lawyer in California requires some time and effort. Put it in and you will be rewarded with a skillful guide who will help you navigate the probate process.
It is common to find lawyers advertising they do probate in addition to two, three or four different other practice areas. Almost always these practice areas have nothing at all to do with probate. Don't choose a lawyer who does probate as a sideline. When a problem comes up during your case these lawyers often lock up or blunder forward causing real problems for their client. Their cases often take longer than those handled by experienced California probate lawyers. Knowing how to address difficult situations only comes from the experience gained by having dealt with them before and the willingness to go to court when necessary.
If a problem comes up during the probate of a will or intestate estate then you want an lawyer who will go to court to make the plan work; not one who will abandon you in the middle of a case. Too many lawyers only dabble in probate and probate litigation. Having a lawyer who actively litigates protects you from the beginning of your case. That's because any probate can unexpectedly turned nasty and degenerate into litigation. If your lawyer doesn't do litigation then you're going to have to change your lawyer midway through your probate.
San Diego probate lawyer releases free California probate book and DVD. San Diego probate lawyer Scott Grossman has released a book and DVD on California probate and trust administration. His book, The Insider's Guide to California Probate and Trust Administration as well as the DVD Probating a Will or Administering a Trust After the Death of a Loved One are available to anyone seeking a probate lawyer or with questions about California probate and trust administration including executors, administrators and beneficiaries of California probate estates as well as trustees and beneficiaries of California trusts. The book and DVD can be ordered by calling (866) 540-0000 or by clicking here.
Nominated executors and administrators filing a new probate petition in Riverside County beware of the court's unpublished venue rules. My firm recently filed a new probate petition for a decedent who resided in Banning at the time of his death. The probate petition we drafted for our client stated the case would be heard in the Riverside probate court. To our surprise the case was assigned to the Palm Springs probate court.
We followed up with the clerk's office believing a mistake had been made. A check of the court's local rules revealed there is no guidance on which court is the proper venue for filings in the mid-county region which roughly covers the area between Temecula, Hemet and Banning. The clerk's office recently circulated a non-public memo assigning cases originating out of Banning and Beaumont to the Palm Springs probate court.
As Riverside and Palm Springs probate lawyers this a circumstance we can readily address for our client by amending the probate petition, giving new notice of the hearing and publishing notice. For those who chose to try a California probate on their own this sort of change can cause confusion and delays. More importantly, we have published laws and local rules so that all participants in the court system know what to expect and what standards must be met. Unpublished rules severely undermine this principal.
Many executors are worried about what to do with the real estate they control in probate estates. The fears of holding on to residential real estate in Riverside, San Bernardino and San Diego Counties is well justified. A recent newspaper article says we are in for another one to two years of declining real estate values. That article can be viewed here http://www.nctimes.com/articles/2008/07/01/business/z82ae2726b0f49f7a882574790075 c6b6.txt.
In the real estate market we have now executors are well advised to either sell their real estate at auction or use a real estate agent who is both well aware of current market prices and will recommend the price be reduced as needed to keep pace with a declining market. An auction has the benefit of finality and the likelihood of bringing a true market price for the property. A good auctioneer will advertise the upcoming sale for weeks before the scheduled auction. When auction day arrives the executor (and beneficiaries) can be confident the best possible price for the property will be obtained. Some recent auctions in southwest Riverside County have resulted in overbids because the properties were aggressively priced and the bidders then bid up the prices.
Using a traditional real estate agent can also work but the agent needs to be realistic with the executor. Everyone wants to hear they will get the price they want for their property. That’s not helpful in today’s real estate market. The executor should challenge the real estate agent to provide a realistic price based on current sales of comparable properties. With those prices in mind a sales price should be set with the realization that price may need to be reduced if the house does not sell quickly.
It looks like one of Michael Jackson's former lawyers is suing his probate estate for $3 million. It will interesting to find out if this attorney actually knows how to sue a probate estate. Unlike a living person who can be sued quite easily, a claim must be filed with a probate estate before it is sued if the basis for the claim is the decedent (i.e. the person who died) owes a debt to the person suing. This isn't true if the claim is the estate itself owes a debt (e.g. the executor breached a contract.)
Probate estates have been known to stop creditors cold. If the creditor just plunges in by filing suit, that creditor will skip the necessary step of filing a claim with the probate estate. If the claim isn't filed then the executor of the probate estate has a perfect defense.
If the executor knows the creditor (or potential creditor) exists then the executor should send that creditor a notice that informs them of the time they have to file a claim. I have done this in a number of cases where the creditor didn't file a claim in time. (I guess some people don't think the rules apply to them.) When they finally filed they were astounded to find their claim was denied. Some didn't file a claim and were surprised to find the probate had been closed.
