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The Threshold for Probate in California, the Magical Number

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The minimum amount or threshold for probate in 2020 in California is $166,250.  That is the magical number below which there is no probate in California, which number will continue to change each year.

WHAT IS THE MONETARY THRESHOLD FOR PROBATE -UPDATED 2020?

For deaths in 2020 the Small Estate Numbers are as follow: In California, if the non-beneficiary assets of the person are at least $166,250 in 2020, the will must be probated.    If Decedent died in 2019, the threshold number is still $150,000.   Check for the date of death before you complete the Affidavit of Small Estate.

If all assets fall below the threshold, then the assets may be collected by an Affidavit of Small Estate in California.    The threshold number is comprehensive, it includes real property and personal property, which does not have a beneficiary, and was not in a trust.

See below for 2020 Small Estate threshold numbers in California.

Small Estate California Probate Threshold Amount is $166,250 as of 2020

13100.

Excluding the property described in Section 13050, if the gross value of the decedent’s real and personal property in this state does not exceed one hundred sixty-six thousand two hundred fifty dollars ($166,250), as adjusted periodically in accordance with Section 890, and if 40 days have elapsed since the death of the decedent, the successor of the decedent may, without procuring letters of administration or awaiting probate of the will, do any of the following with respect to one or more particular items of property:(a) Collect any particular item of property that is money due the decedent. (b) Receive any particular item of property that is tangible personal property of the decedent. (c) Have any particular item of property that is evidence of a debt, obligation, interest, right, security, or chose in action belonging to the decedent transferred, whether or not secured by a lien on real property.

Los Angeles California Small Estate Affidavit

  1.  Assets in Decedent’s individual name.

Which assets do not count towards the California probate threshold of $166,250 as of 2020?

  1. Joint tenancy accounts.
  2. Accounts that have beneficiaries.
  3. Trust assets named in the trust.
  4. Insurance policies or annuities with beneficiary designations.
  5. Pay on death accounts.

By the same token, if a will exists and the assets include joint tenancy, trust or beneficiary accounts, the will does not govern those types of assets.   If you really want to know how the assets are distributed, you must keep a log of how title to decedent’s assets are taken, as well as the types of assets which pass outside of probate and outside of the will by contract, or by beneficiary designation.

Mina N. Sirkin is a Probate Lawyer in Los Angeles County California who has been practicing in this area since 1992.   Call Probate Lawyer, Mina Sirkin at 818.340.4479 or email: MSirkin@SirkinLaw.com.

I am a beneficiary of the estate and the executor will not give me the important papers. What can I do?

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When an executor is appointed by the probate court, there are certain types of information ad papers which a beneficiary can get by requesting them.

In California, a beneficiary has the right to reasonable information about the affairs of the estate.     Such information includes what assets have been inventoried by the estate executor.   This means, the beneficiary is allowed to get a copy of the estate executor’s inventory.

How does the beneficiary get the estate papers from the executor?

  1.  Write a certified return receipt requested to the executor with the specific information you need.
  2. Talk to a lawyer about whether the type of information you are requesting is legitimately necessary.
  3. Have your lawyer file a Request for Special Notice.

California executors must give you an inventory and an accounting.  In the accounting, you are entitled to see all the assets, income and expenses of the estate.   If you have made a written request to the executor and there has been no response, you will need an attorney.

Mina N. Sirkin is a Board Certified Specialist attorney in probate and estate planning who can obtain the documents you need from the executor or the court.   Call Probate Attorney, Mina Sirkin at 818.340.4479

Can an executor of a will use the money from an estate for things that are not bills of estate?

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No, generally, the executor of the will cannot use the money of the estate to pay for things that are not bills of the estate.

An executor of an estate in California can only use the money from an estate for things that are related to expenses and bills of the estate.

 

However, there are categories of bills of the estate which cannot be paid from the estate account without a court order.

The executor cannot pay himself from the estate without a court order.

The executor of the estate may not pay his attorney from the assets of the estate without a court order.

The executor of the estate may not pay distributions to beneficiaries and heirs without a court order.

 

Thing that can regularly get paid from the estate without a court order as follows:

  1. Taxes
  2. Bond
  3. Accountant’s fees.
  4. Utilities of the property.
  5. Insurance.
  6. Claims of creditors which have been filed timely and have been accepted by the creditor.
  7. Probate Referee’s bill.
  8. Storage Bills.

To find out more about the types of expenses that the executor can pay from the estate, contact Mina Sirkin, Probate Attorney at 818-340-4479.

Your Beneficiary Dispute Resolution Method Depends On Your Personality

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Is your personality and your method getting in the way of resolving a beneficiary dispute?

In general, how you resolve a beneficiary dispute, or your beneficiary dispute resolution method, mimics your general conflict resolution style in all areas of life. People have a style of conflict resolution, and they generally stay with that method throughout their lives, because it works for them.

Sometimes in order to solve a disputed will or trust case, you have to step back for a minute and ask yourself: What is my dispute resolution method? Is that translating to this case?

For example, if you are a beneficiary of a trust and are involved in a trust contest, you must ask yourself whether you have been an aggressor in the relationship, or the victim.   Victim personalities tend to have a passive-aggressive style in many situations.

What is your conflict resolution style in beneficiary cases?

  1.   He was done me wrong.
  2.   I am going to get even with him.
  3.   I am going to get my fair share.
  4.   I am going to get him, even if I have to pay more to the lawyer.
  5.   I am willing to pay a lawyer, so my sibling does not get anything.

Think about these.   They don’t always translate into every beneficiary dispute, but they are themes in beneficiary litigation cases.

Mina N. Sirkin is a Certified Specialist Estate attorney in Los Angeles,  She has over 25 years of experience managing different beneficiary dispute methods.   If you would like to talk to us about a beneficiary problem, call Mina Sirkin at 818.340.4479 or email : MSirkin@SirkinLaw.com.

 

Is Your Inheritance Disputed? Los Angeles California Estate Attorneys

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What are the changes that your inheritance will be disputed?

Disputed inheritances in Los Angeles can take many different forms.   First, someone may claim that you unduly influenced your parent to receive more than your fair share.  At times, someone may argue that your parent’s judgment was compromised due to lack of capacity.   These disputes may even contain allegations of fraud or mistake.  None of those inheritance disputes have much impact unless they end up in the probate court.

What to do about a disputed inheritance?

To protect yourself from baseless allegations, if your parent has told you that he/ she wants to disinherit your siblings, you may want to ask them why.  You should not take your parent to a lawyer, nor should you be present during a meeting between your parent and the lawyer, to give them privacy.

Kids sometimes ask us if they should drive the parent to the lawyer’s office.  It is best, if your parent takes a taxi, and it is best if you are not driving them to a law office to their estate planning attorney.  Your taking them there just does not look good.

Finding a lawyer to defend your inheritance is about finding out how has over 20 years of experience in the field.  Young lawyers simply have not seen enough variety of cases to be able to adequately manage your case.   You should not be lured by low fees, as they are indicators of lack of experience.

Mina Sirkin is a veteran trust and estate lawyer in Los Angeles, with more than 25 years in experience in disputed inheritances in Los Angeles.   Call 818.340.4479 or for more information, email: info@sirkinlaw.com

 

Inheritance Disputes in Los Angeles

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In Los Angeles, Inheritance disputes generally arise after a person dies, and the range of inheritance law disputes can be very broad.  In disputes case involving inheritances, the disputes usually have arisen long before the actual inheritance battles begin, and often during the life of the parent or the deceased person.   Often, they rift is deeply rooted in old feelings among the parties. Some of the disputes involving inheritances can include:

  1. Whether a disputed property should be sold;
  2. Who should inherit the assets?
  3. Whether someone should be entitled to live in the property;
  4. When does the property get sold, and at what price.
  5. Who gets the personal property of the decedent?
  6. Rights of second spouses to the estate.
  7. Determination of application of prenuptial agreements to estate assets.
  8. Determination of rights of third parties to assets of decedent.
  9. Determination of rights of the decedent to assets in hands of others.

We are here to assist you with all aspects of inheritance disputes in Los Angeles.  Contact: Mina Sirkin at 818.340.4479 inheritance law attorney in Los Angeles County for a free estate and inheritance consultation.

 

How the Court Views Inheritance Disputes in Los Angeles

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Each year, the Court participates in the View from the Bench, a meeting of attorneys and judges of the Los Angeles Superior Court who are invited to speak about how each judge views inheritance disputes and litigation.

Some of the take aways from the most recent View from the Bench were:

  1.  Heirs and beneficiaries spend too much money fighting about inheritances, and time fighting, and not enough time mediating their disputes.
  2. Judges are frustrated by the number of cases filed in Los Angeles County probate court.  On average, there are 16000 new cases filed in probate in Los Angeles annually.   There are on average 7-8 judges assigned to the probate departments in Los Angeles. That is an average of 2000 new cases per year per judge.   This does not include the cases which are ongoing.
  3. With the advent of electronic filing in probate, judges now have to deal with a faster pace of documents arriving on their desktops.  Sometimes, the electronic filing providers do not provide the probate documents to the court’s services on time.  Litigants have to be ready to deliver paper copies of conformed probate pleadings to the court, on demand at any hearing.
  4. On a positive note, the probate attorneys at the court are processing probate notes at a faster rate.   Judges expect that notes will be posted to the court’s website at least a week before the hearing.

So, if you are having an inheritance dispute with your family members, keep in mind the volume of cases and how the court views inheritance disputes in Los Angeles.

Mina Sirkin is a Board Certified Specialist in Probate, Trust and Estates,  Since 1992, Ms. Sirkin has handled thousands of beneficiary and inheritance dispute matters, and their protection in Los Angeles.  Call our probate attorney at 818.340.4479

Living Trust Discount AARP

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AARP DISCOUNTS PROMOTION LOS ANGELES COUNTY:

AARP MEMBERS ONLY.

OFFER EXPIRES 11-18-17, WOODLAND HILLS OFFICE ONLY

LIVING TRUST PACKAGES INCLUDE:

LIVING TRUST

POUR-OVER WILL

DURABLE POWER OF ATTORNEY (Assets)

ADVANCE HEALTH CARE DIRECTIVE

MEMORANDUM OF TRANSFER

PREPARATION OF 1 GRANT DEED TRANSFER TO TRUST

PERSONAL PROPERTY TRANSFER & ASSIGNMENT

HIPAA RELEASE & AUTHORIZATION FOR DISCLOSURE OF HEALTH CARE INFORMATION

NOMINATION OF GUARDIANS (For Families With Minor Children)

TRUST TRANSFER INSTRUCTIONS FOR BANKS & FINANCIAL INSTITUTIONS

FUNDING LETTER OF INSTRUCTIONS FOR ASSETS

CERTIFICATION OF TRUST

AARP DISCOUNT LIMITED TIME OFFER:

$500 off our regular prices.

 

**Does not include special needs trusts for disabled beneficiaries, or sophisticated trusts.  Package is a special limited time offer.

Expires:  November 18, 2017

WOODLAND HILLS OFFICE ONLY

CALL: 818.340.4479 Mention this promotion

You can make your appointment for any day after the expiration of the ad, but your call must arrive before 11-18-17 5p.

Veterans Discounts

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VETERANS DISCOUNTS PROMOTION LOS ANGELES COUNTY:

HONORING THOSE WHO SERVED.

OFFER EXPIRES 11-16-17, WOODLAND HILLS OFFICE ONLY

LIVING TRUST PACKAGES INCLUDE:

LIVING TRUST

POUR-OVER WILL

DURABLE POWER OF ATTORNEY (Assets)

ADVANCE HEALTH CARE DIRECTIVE

MEMORANDUM OF TRANSFER

PREPARATION OF 1 GRANT DEED TRANSFER TO TRUST

PERSONAL PROPERTY TRANSFER & ASSIGNMENT

HIPAA RELEASE & AUTHORIZATION FOR DISCLOSURE OF HEALTH CARE INFORMATION

NOMINATION OF GUARDIANS (For Families With Minor Children)

TRUST TRANSFER INSTRUCTIONS FOR BANKS & FINANCIAL INSTITUTIONS

FUNDING LETTER OF INSTRUCTIONS FOR ASSETS

CERTIFICATION OF TRUST

VETERANS DISCOUNT LIMITED TIME OFFER:

$500 off our regular prices.

**Does not include special needs trusts for disabled beneficiaries, or sophisticated trusts.  Package is a special offer honoring those who served.

Expires:  November 16, 2017

WOODLAND HILLS OFFICE ONLY

CALL: 818.340.4479 Mention this promotion

You can make your appointment for any day after the expiration of the ad, but your call must arrive before 11-16-17 5p.