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Blog Posts in November, 2013

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  • Living Trusts
    Living Trusts

    A living trust or an inter vivos trust is an estate litigation tool that enables the creator of the trust to transfer assets to beneficiaries without going through probate . It is a written agreement ...

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  • Does all property go through probate?
    Does all property go through probate?

    Not all property go through probate . Assets that are part of a person's "non-probate estate" can be distributed outside the probate process. Life insurance or retirement benefits such as IRA's ...

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  • How are fees for the personal representative and attorney determined?
    How are fees for the personal representative and attorney determined?

    In California, the personal representative and the attorney for the personal representative are allowed to take a statutory fee for ordinary services. The fee is calculated as a percentage of the ...

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  • Part III - How does the probate process work?
    Part III - How does the probate process work?

    Distributing the estate After notices and communications have been properly handled, and the estate properly inventoried, the final step in the probate process is the distribution of estate property. ...

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  • Part II - How does the probate process work?
    Part II - How does the probate process work?

    Notifying Creditors and the Public of Decedent's Death The next step in the probate process is notifying creditors and the public of decedent's death. This process provides an opportunity to those ...

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  • How does the probate process work?
    How does the probate process work?

    The probate process typically include appointing a personal representative to file papers such as a Petition for Probate of Will with the probate court; notifying creditors and the public of ...

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