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April 30, 2021
What Is the Independent Administration of Estates Act? The Independent Administration of Estates Act (IAEA), enacted in 1987, has changed and streamlined the way in which probate sales may proceed. The IAEA is a series of laws allowing the personal representative to administer most aspects of the decedent’s estate without court supervision. The authority to administer the estate under the IAEA can be given by the decedents will or by the court upon the petition […]
April 29, 2021
As a probate attorney, I’m often asked, “What are the most important steps I need to take after the death of a loved one?” While there are undoubtedly a ton of things to do in the days and weeks following a loved one’s passing, I like to advise families to start with the personal aspects of the death and then specific tasks that will help them get a grip on closing out an estate. These […]
April 28, 2021
When a person passes away and an estate is opened to handle the distribution of the person’s assets and other legal matters, the first thing those handling the estate should do is obtain an Employer Identification Number (EIN) to identify the estate to the Internal Revenue Service (IRS). In this blog I use the term “estate representative” to include a representative or executor for an estate. Although the IRS uses the term “employer EIN” the […]
April 27, 2021
After a relative or friend dies, you may be surprised to learn that you were chosen to be the executor of their estate. You might feel pleased to have a chance to do a final and important favor for someone you loved. On the other hand, you might feel you have little choice so that you have to accept the job. In fact, you do have a choice. Even if you feel an obligation to […]
April 26, 2021
This article does not cover the distribution of real property held in a trust or in joint tenancy. Nor does if cover the taxation of estate distributions. In general, nonresident alien decedents are subject to U.S. estate tax for assets situated in the U.S. IRC §§2101(a), 2106(a). For estate tax purposes, the situs of assets within the U.S. is determined either at the time of death or at the time of transfer of assets (IRC […]
April 25, 2021
As with heterosexual relationships, breakup or death are the two possible endings for co-habiting same-sex couples. In the event of death, the rights of the survivor is a significant issue, especially with unmarried co-habiting same-sex couples. Many of these married or unmarried same-sex couples have no joint ownership interests in real property and no proper estate planning, such as a Will or a Revocable Living Trust. An alternative method for avoiding probate would be for […]
April 24, 2021
Generally, an individual’s death does not extinguish creditors’ claims, but creditors must act quickly to assert their claims against a probate estate to avoid losing their rights forever. Every state has its own laws on probate procedures, including how probate estate creditors are to be handled. The person who is administering the probate estate, often called the personal representative, is supposed to notify creditors that the deceased has died so that the creditors can make […]
April 23, 2021
When a person dies the transfer of the deceased’s residential property (or any real property for that matter) becomes an issue. Who is entitled to the real property upon death depends on how the property was owned at the time of death. The following describes the various forms of ownership of residential property in California and, in general, how it would be distributed upon death. Tenancy in Common A tenancy in common is created whenever […]