Probate and Trust Administration

• Riverside County probate courts ending cross-filing
  Jun 08, 2009

  Riverside County's probate courts are ending their cross-filing program on July 1, 2009.  The end of this program effects all courts in the county.  This is a big step backward for making the court's user friendly.
  
  The cross-filing program allowed attorney's and unrepresented parties to file pleadings in any court in the county.  No matter where the pleadings were filed they were then directed to the correct courthouse and the department that had the case.  This program made it convenient, for example, for an executor living in Riverside to have his Riverside based attorney file a probate petition in Riverside for the Palm Springs probate court.  With the close of this program, that same attorney will have to either mail the pleading to the Palm Springs probate court or pay his or her attorney service an additional fee to drive it out to the Palm  Springs probate court for filing.
  
  No doubt the end of the cross-filing program will increase the cost of cases for many people. - 11 - 20

• San Bernardino probate lawyer releases free California probate book and DVD
  Apr 02, 2009

  San Bernardino probate lawyer releases free California probate book and DVD.  San Bernardino 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.

  - 12 - 20

• Motley Fool makes common mistake about probate
  Apr 01, 2009

  This piece from the Motley Fool makes a common mistake about probate.  The article's main point is to hire a competent estate planning attorney while you are alive and well to put together an estate plan in order to avoid probate.  That's sound advice that everyone would do well to follow.
  
  The article also says that if you die without a will or a trust the state takes over and your estate will linger for years in probate.  They are wrong on both counts.  First, if you die without a will or trust then the California Probate Code lists a series of people (e.g. your spouse or registered domestic partner, child, etc.) who have statutory priority to be appointed the administrator of your estate.  An administrator is the same as an executor but the title changes when there is no will.  The only way "the state" takes over is if no one comes forward to take charge of the probate.

  The second mistake is saying the probate will take years.  California probate law presumes a probate will be finished in one year or less.  The executor has to go to court to get permission from the probate judge in order to keep an estate open longer than a year.  While this does happen it usually happens where there are exceptional circumstances.

  The Motley Fool is right that you should have an estate plan.  They would be wise to consult a probate attorney when they want to know how probate actually works.

  - 13 - 20

• Probate attorney disbarred for failing to work on probate
  Mar 31, 2009

  This news story from Florida about Peter Schmidt, a probate attorney, illustrates the pitfalls of choosing the wrong probate attorney.  Mr. Schmidt was disbarred for five years from the Florida bar for starting work on a probate case and then failing to diligently administer it.  The second reason for his disbarment was for taking $85,000 from the probate estate that was put in his client trust account.
  
  Probate cases require regular oversight.  Failure to stay on top of the case often results in the case stalling and the beneficiaries getting angry at the executor for failing to get their inheritance to them.  Nominated executors would be wise to do some homework before hiring their probate lawyer.
  
  Depositing funds from the probate estate into your lawyers trust account is never required in a California probate case.  A good California probate lawyer will instruct an executor how to correctly establish a bank account in the name of the probate estate.  This keeps the executor in control of the estate's money and prevents the sort of problem illustrated by this case. - 14 - 20

• Palm Springs probate lawyer releases free California probate book and DVD
  Mar 30, 2009

  Palm Springs probate lawyer releases free California probate book and DVD.  Palm Sprngs 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.

  - 15 - 20

• Probate estates drained by executors
  Mar 10, 2009

  This new story details to men in charge of probate estates in Mississippi who bled the estate's dry.  In both cases the executor's did not file a formal accountings with the local probate courts.  This allowed them to take money from the probate estates without the beneficiaries ever becoming aware.  The lesson for beneficiaries of California probate estates is to require the executor to either produce copies of the financial records for the probate estate or provide a formal account to the court.  If the executor declines to either provide the records or a formal account then assume you have trouble brewing. - 16 - 20

• Michigan man leaves probate estate to area hospital
  Mar 09, 2009

  In a case that made nationwide news, a Michigan man who froze to death in his home left his probate estate of $600,000 to an area hospital.

  - 17 - 20

• Probate sale of real estate is difficult when family members disagree
  Mar 09, 2009

  This story from Wales illustrates the problems Californians have when family members can't agree on a sales price for a home being sold in probate.  The home being a major part of the estate even in a tough real estate market.
  
  In a declining real estate market about the worst thing that can happen is to let family disagreements prevent the home from being sold.  In California, probate calls for the appointment of a executor or administrator of the probate estate.  If the family members are at odds over who this should be (perhaps because they are at odds over whether the house should be sold) then a petition to appoint a special administrator can be filed with the probate court.  The special administrator temporarily controls the probate estate and can decided whether the sale of the home is appropriate. - 18 - 20

• Estate administrator shouldn't use wife as realtor
  Mar 09, 2009

  New York State's surrogate court told the public administrator that he shouldn't use his wife as the real estate agent for properties being sold by his office.  The surrogate court is New York's equivalent to California's probate court.  California executors would be wise to take a lesson from this story.  It is generally impermissible for an executor to hire a relative, and pay that relative, for services provided to the probate estate.  If you are an executor and believe that your relative is best suited to do something for the probate estate then have your attorney petitioned the court to allow you to higher your relative.  Do this before hiring your relative.  This will help you avoid problems when you tried to close the probate estate. - 19 - 20

• Riverside California probate attorney has firm taken over by State Bar
  Feb 14, 2009

  Mitchell Roth, an attorney whose firm has offices in Riverside, San Diego, and Sherman Oaks was hospitalized for depression and had his firm taken over by the State Bar.  Roth opened his practice in 1997, handling credit, debt and collections, general civil litigation, personal injury, medical malpractice, wills and trusts, and probate matters in addition to foreclosure defense.  Recently, Roth was handling thousands of foreclosure defense cases that were referred to him through a company called United First.  Roth will no longer be handling his clients cases.  Clients represented by Mitchell Roth should find new counsel to represent them in their cases. - 20 - 20