County Auctions Personal Property of Intestate

Ever wonder what happens to your stuff ( personal property) when you die if you don't have a will and don't have any heirs?

A recent LA Times Article reveals the answer: The County of Los Angeles will auction off the items to the highest bidder at one of several auctions that occur 10 times a year.

If you die in Los Angeles County without heirs or a will, your worldly belongings will probably end up here, in a 122,000-square-foot warehouse along the railroad tracks in the City of Industry, protected by surveillance cameras and extra security. The walls are piled high with hundreds of 7-by-5-foot wooden crates. County employees and private auctioneers break open crates, divide the contents into lots and sell them at daylong auctions held on the second Saturday of the month, typically 10 times a year. Proceeds go back into the estate and often are used to cover burial expenses and other costs. Whatever is left goes to the state of California.

I personally take the position that one would rather make arrangements ahead of time and benefit a charity that does work which is meaningful to you rather than the State of California. Although, the state needs all the money it can get it would seem like one might want a greater control over where the proceeds would go.

ABOUT CHRISTOPHER R. TWINING
Christopher R. Twining, Attorney at Law, based in the Westwood Neighborhood of Los Angeles is an innovative estate planning, probate & trust administration, and elder law attorney, who offers in home services for busy and movement challenged clients. The Law Office of Christopher R. Twining serves the cities of Los Angeles, Santa Monica, Culver City, Beverly Hills, West Hollywood, Pasadena, Burbank and the neighborhoods of West Los Angeles, Westwood, Brentwood, Bel-Air, Pacific Palisades, Palms, Pico-Robertson and Encino. Dedicated to helping individuals and couples prepare comprehensive estate plans according to their wishes; he offers them these services at an affordable price, in the relaxed comfort of their homes. For more information about his services, please visit http://www.twininglaw.com or call (310) 492-5990.

CHRISTOPHER R. TWINING
LAW OFFICES OF CHRISTOPHER R. TWINING
1440 VETERAN AVENUE, SUITE 509
LOS ANGELES, CALIFORNIA 90024
(310) 492-5990 Fax (310) 775-9774
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My Advice to California fiduciaries

I am taking the occasion today to write a post to all those wood be fiduciaries out there. Fiduciaries include all those who serve as successor trustee, attorney-in-fact under a durable power of attorney for health care or financial matters, agent for healthcare, etc.


Recently, I have become involved in quite a lot of litigation involving the potential financial abuse and or breach of fiduciary duty by a successor fiduciary. This can take the form of a petition to appoint or remove a successor trustee, a petition for probate conservatorship of the person and/or estate.

It almost always plays out the same way . Usually, I am approached by the loved one of an elderly person. Usually the fiduciary who is alleged to have acted wrongly ( i.e. breached their fiduciary duties to the principal, is either a family member or a friend/ caretaker of the elderly person. In several current cases the fiduciary has been acting in secrecy. Either hiding important decisionmaking, etc. or blatantly refusing to turn over information. In some cases the alleged financial abuser is living in the principal's residence or some other real property they happen to own or beneficially own, rent free.

This is potentially a breach of the duty of loyalty, which requires that a fiduciary put the interests of their principal ahead of their own. There may be some circumstances in which it would be appropriate for a principal to live in someones house or apartment rent free and it wouldn't be a breach of fiduciary duty. However, only an attorney or really rather a probate judge can make that determination.

In many of these situations the accusers lack information so its mainly a case of hearsay and conjecture until facts are obtained either through formal discovery, factual investigations, or just as a result of being appointed conservator of the person and or estate. But all these cases share one thing in common; the accused financial abuser has not been acting transparently ( i.e. have not been letting all the other beneficiaries and family members know what is going on. Additionally, they should provide accountings when compelled and generally keep all those people informed. To hide things or not disclose all sorts of these things only leads to suspicion.

Occasionally, there are reasons to keep information like this from one or more particular family members or other interested parties. However, in the vast majority of cases if the fiduciary has done no wrong (i.e. not breached any fiduciary duties) they should have no reason not to keep everyone informed! So my advice to all fiduciaries is unless there is a good reason not to, make sure you keep all interseted persons informed of everything that you are doing on behalf of a principal and let them know your reasons for decisions.

ABOUT CHRISTOPHER R. TWINING
Christopher R. Twining, Attorney at Law, based in the Westwood Neighborhood of Los Angeles is an innovative estate planning, probate & trust administration, and elder law attorney, who offers in home services for busy and movement challenged clients. The Law Office of Christopher R. Twining serves the cities of Los Angeles, Santa Monica, Culver City, Beverly Hills, West Hollywood, Pasadena, Burbank and the neighborhoods of West Los Angeles, Westwood, Brentwood, Bel-Air, Pacific Palisades, Palms, Pico-Robertson and Encino. Dedicated to helping individuals and couples prepare comprehensive estate plans according to their wishes; he offers them these services at an affordable price, in the relaxed comfort of their homes. For more information about his services, please visit http://www.twininglaw.com or call (310) 492-5990.

CHRISTOPHER R. TWINING
LAW OFFICES OF CHRISTOPHER R. TWINING
1440 VETERAN AVENUE, SUITE 509
LOS ANGELES, CALIFORNIA 90024
(310) 492-5990 Fax (310) 775-9774
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What happens when a person dies without a will in California?

What happens when a person dies without a will in California?

Answer: When a person dies without a will the person is referred to as having died intestate. . The dead person’s property is then supposed to be divided according to the laws of intestacy. The laws of intestacy in California are found in the California Probate Code sections 6400 et. Seq.


This also means that if the person who died, also known as the decedent, left any significant property, then a formal probate administration will be required. Otherwise if the person left less than $100,000 in total property a summary probate petition can be used. (link to other page). Usually a relative, or close family friend will petition the probate court to be appointed as administrator. An administrator is the name for the personal representative appointed by the court in a probate where the decedent died intestate ( without a will). This is in contrast to an executor who the court approves but whom was nominated in a will. Both an administrator and an executor fill the same duties during a probate.

Unfortunately, being that a formal probate is now required it will result in significant fees and costs that could have been avoided with a revocable living trust and a pour-over will. The fees which both a personal representative (either an administrator or an executor) are entitled to as well as the attorney for the personal representative, are entitled to are set by statute. Additionally, the fees are based on the gross value of property and are not netted out to take encumbrances (mortgages and other debts and liens) into account.

Also, if the person left children under the age of eighteen, there will usually be a guardianship petition where again a relative or close family friend will petition the court to be granted guardianship of the children who are still minors. If the person had executed a will there still would have been a guardianship proceeding that would be necessary but the court would give strong preference to whom the dead person had named to be guardian in a will.

ABOUT CHRISTOPHER R. TWINING
Christopher R. Twining, Attorney at Law, based in the Westwood Neighborhood of Los Angeles is an innovative estate planning, probate & trust administration, and elder law attorney,. The Law Office of Christopher R. Twining serves the cities of Los Angeles, Santa Monica, Culver City, Beverly Hills, West Hollywood, Pasadena, Burbank and the neighborhoods of West Los Angeles, Westwood, Brentwood, Bel-Air, Pacific Palisades, Palms, Pico-Robertson and Encino. For more information about his services, please visit http://www.twininglaw.com or call (310) 492-5990.

CHRISTOPHER R. TWINING
LAW OFFICES OF CHRISTOPHER R. TWINING
1440 VETERAN AVENUE, SUITE 509
LOS ANGELES, CALIFORNIA 90024
(310) 492-5990 Fax (310) 775-9774
http://www.twininglaw.com

Read more On "What happens when a person dies without a will in California?"!

A Common Myth About Revocable Living Trusts

As an Estate Planning Attorney, I often run into Myths people have about revocable living trusts. One of the most common ones is that nothing needs to be done when a grantor aka settlor dies. However, this is certainly not true. While a revocable living trust can help you avoid a full blown probate and its attendant intrusions into privacy, huge professional fees and duration, it does not mean that there is nothing to do upon the death of a settlor

Among some of the things that usually have to be done by a successor trustee are:

• order timely appraisals of all trust assets


• prepare and file a final income tax return for the person who passed away


• obtain a taxpayer identification number from the IRS


• Provide notice to Medi-CAL


• fund subtrusts or atleast prepare separate accounts


• execute certain documents


• lodge the pour over will with the clerk of the county court


• preparing statutory notices to beneficiaries

The above list is by no means exhaustive, there are many more things that a trustee may be legally required to do. But I think you get the point. There are still procedures of legal significance that need to be done upon the death of a settlor. Failure to do some of these things leave a successor trustee open to liability for breach of fiduciary duties.

So its not that the use of a properly funded revocable living trust avoids any and all costs associated with the handling of ones affairs. However, in the ordinary situation the fees charged by an attorney should be far less than the statutory fees for probate which by the way are calculated on the gross value of property and not the net ( meaning mortgages do not discount the value the percentage is based on).

ABOUT CHRISTOPHER R. TWINING
Christopher R. Twining, Attorney at Law, based in the Westwood Neighborhood of Los Angeles is an innovative estate planning, probate & trust administration, and elder law attorney, who offers in home services for busy and movement challenged clients. The Law Office of Christopher R. Twining serves the cities of Los Angeles, Santa Monica, Culver City, Beverly Hills, West Hollywood, Pasadena, Burbank and the neighborhoods of West Los Angeles, Westwood, Brentwood, Bel-Air, Pacific Palisades, Palms, Pico-Robertson and Encino. Dedicated to helping individuals and couples prepare comprehensive estate plans according to their wishes; he offers them these services at an affordable price, in the relaxed comfort of their homes. For more information about his services, please visit http://www.twininglaw.com or call (310) 492-5990.

CHRISTOPHER R. TWINING
LAW OFFICES OF CHRISTOPHER R. TWINING
1440 VETERAN AVENUE, SUITE 509
LOS ANGELES, CALIFORNIA 90024
(310) 492-5990 Fax (310) 775-9774
http://www.twininglaw.com Read more On "A Common Myth About Revocable Living Trusts"!

Los Angeles Probate Forms California

Los Angeles Superior Court Forms and California Judicial Council Forms used in a typical Probate. These are also all the forms that you get in the Probate Packet from the Los Angeles Superior Court.

1. Probate Case Cover Sheet PRO-010**
2. Petition for Probate DE-111
3. Notice of Death and Petition to Administer Estate DE-121
4. Proof of Subscribing Witness DE-131
5. Proof of Holographic Instrument DE-135

6. Order for Probate DE-140
7. Letters DE-150
8. Duties and Liabilities of Personal Representative DE-147
9. Confidential Supplement to Duties and Liabilities DE-147S
10. Application and Order Appointing Probate Referee PRO-001**
11. Inventory and Appraisement DE-160
12. Schedules to Inventory DE-161

ABOUT CHRISTOPHER R. TWINING
Christopher R. Twining, Attorney at Law, based in the Westwood Neighborhood of Los Angeles is an innovative estate planning, probate & trust administration, and elder law attorney, who offers in home services for busy and movement challenged clients. The Law Office of Christopher R. Twining serves the cities of Los Angeles, Santa Monica, Culver City, Beverly Hills, West Hollywood, Pasadena, Burbank and the neighborhoods of West Los Angeles, Westwood, Brentwood, Bel-Air, Pacific Palisades, Palms, Pico-Robertson and Encino. Dedicated to helping individuals and couples prepare comprehensive estate plans according to their wishes; he offers them these services at an affordable price, in the relaxed comfort of their homes. For more information about his services, please visit http://www.twininglaw.com or call (310) 492-5990.

CHRISTOPHER R. TWINING
LAW OFFICES OF CHRISTOPHER R. TWINING
1440 VETERAN AVENUE, SUITE 509
LOS ANGELES, CALIFORNIA 90024
(310) 492-5990 Fax (310) 775-9774
http://www.twininglaw.com
Read more On "Los Angeles Probate Forms California"!

The Importance of Beneficiary Designations for Retirement Plans and other accounts

A case recently recently decided by the U.S. Supreme Court highlights the importance of making and correcting those beneficiary designations on those retirement plans and other accounts.

Karri Kennedy, the daughter of a former Dupont Inc. employee had sought her share of her father's retirment plan benefits. She claimed that he had said that he wanted it to go to her but had never changed his beneficiary designations despite getting a divorce from Karri's mother. Instead the court ruled that the mother was entitled to the retirement plan as the designated beneficiary.

Even the United States Supreme Court thinks that beneficiary designations are important. They are so important and too many estate planning attorneys never advise their clients to pay attention to them.

ABOUT CHRISTOPHER R. TWINING
Christopher R. Twining, Attorney at Law, based in the Westwood Neighborhood of Los Angeles is an innovative estate planning, probate & trust administration, and elder law attorney, who offers in home services for busy and movement challenged clients. The Law Office of Christopher R. Twining serves the cities of Los Angeles, Santa Monica, Culver City, Beverly Hills, West Hollywood, Pasadena, Burbank and the neighborhoods of West Los Angeles, Westwood, Brentwood, Bel-Air, Pacific Palisades, Palms, Pico-Robertson and Encino. Dedicated to helping individuals and couples prepare comprehensive estate plans according to their wishes; he offers them these services at an affordable price, in the relaxed comfort of their homes. For more information about his services, please visit http://www.twininglaw.com or call (310) 492-5990.

CHRISTOPHER R. TWINING
LAW OFFICES OF CHRISTOPHER R. TWINING
1440 VETERAN AVENUE, SUITE 509
LOS ANGELES, CALIFORNIA 90024
(310) 492-5990 Fax (310) 775-9774
http://www.twininglaw.com

Read more On "The Importance of Beneficiary Designations for Retirement Plans and other accounts"!

Summary Probate Procedure : Petition for order of succession to real property

A petition for order of succession to real property and additional personal property( not more than $100,000 of property), California Probate Code §§13150-13158 is one of the simplified probate procedures.

It is an appropriate means of transferring both real property and personal property without a need for a "full blown probate" that can be used when the total amount that would pass is equal to or less than $100,000 and the decedent either leaves no outstanding debts or those claiming under the petition will pay those debts.

Among those assets that are not counted towards the $100,000 section 13150 limit are:

• Joint Tenancy Property
• Community Property with a Right of Survivorship
  
• Property held in a revocable trust
  
• Joint Accounts and P.O.D. Accounts
• Life Insurance Proceeds if Decedents life was insured
• Retirement Account Proceeds if a Beneficiary was named
• Salary of $5000 or less

The following judicial council forms are required:

• DE-310 - PETITION TO DETERMINE SUCCESSION TO
  REAL PROPERTY (Estates $100,000 or Less)
• DE-160 -INVENTORY AND APPRAISAL
• DE-315- ORDER DETERMINING SUCCESSION TO REAL PROPERTY
• DE-120 - NOTICE OF HEARING - DECEDENT'S ESTATE OR TRUST
  

The basic process is as follows:

First you have to have the property appraised. For Real Property a Probate Referee has to do it. You can check the California State Controller's Office website for a list of Probate Referee's in your area. You can contact them directly and inquire how they want you to send them the DE 160. A small fee will be due so keep that in mind. When the probate referee returns the DE-160 to you it will have a value that he has appraised the real property to be worth. If this number when combined with any personal property valued is equal to or less than $100,000.00 then you can proceed with a 13150 petition.

Next you will fill out the DE-310 PETITION TO DETERMINE SUCCESSION TO
REAL PROPERTY (Estates $100,000 or Less), pay the court filing fee and file it along with your now returned DE-160 with the appropriate Probate Department of your local Superior Court of California. You will also need copies of death certificates. And if the petitioner is claiming under a will you will need copies of the will to attach to the petition.

At the same time as you file the retunred DE-160 you must file a Preliminary Change of Ownership report with the county assessor's office or incur penalties.

You will get confirmation of your filing and usually should request a conformed copy by providing an additional copy when you file. The court will schedule a hearing date for you. Write down the date, time and location of the hearing. You will then need to mail a NOTICE OF HEARING - DECEDENT'S ESTATE OR TRUST along with a copy of the petition to the people you listed as potential heirs in the petition.

You will have to file a signed DE-120 where you attest to proof of service before your hearing as well as a properly filed out ORDER OF SUCCESSION TO REAL PROPERTY.

If no one contests the petition and all your paperwork is in order you should not have to attend the hearing. You can check the probate deparment's website for a tentative ruling a few days before the hearing.

If a tentative is confirmed check the docket online for a date when the order has been signed. Now you must request a certified copy of the order so that you can take it to the county recorder's office for recording.

Once you record a certified copy of an order the property has been transferred successfully into the hands of the person(s) who petitioned the court and can then be legally conveyed.

ABOUT CHRISTOPHER R. TWINING
Christopher R. Twining, Attorney at Law, based in the Westwood Neighborhood of Los Angeles is an innovative estate planning, probate & trust administration, and elder law attorney, who offers in home services for busy and movement challenged clients. The Law Office of Christopher R. Twining serves the cities of Los Angeles, Santa Monica, Culver City, Beverly Hills, West Hollywood, Pasadena, Burbank and the neighborhoods of West Los Angeles, Westwood, Brentwood, Bel-Air, Pacific Palisades, Palms, Pico-Robertson and Encino. Dedicated to helping individuals and couples prepare comprehensive estate plans according to their wishes; he offers them these services at an affordable price, in the relaxed comfort of their homes. For more information about his services, please visit http://www.twininglaw.com or call (310) 492-5990.

CHRISTOPHER R. TWINING
LAW OFFICES OF CHRISTOPHER R. TWINING
1440 VETERAN AVENUE, SUITE 509
LOS ANGELES, CALIFORNIA 90024
(310) 492-5990 Fax (310) 775-9774
http://www.twininglaw.com

Read more On "Summary Probate Procedure : Petition for order of succession to real property"!