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Quinn & Dworakowski, LLP

What Happens in California if You Cannot Find the Will?

A common question that a probate attorney is asked is how to obtain a copy of a last Will and Testament. Locating the Will may be urgent if funeral or burial instructions are contained in…

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My Spouse (or Registered Domestic Partner) Left Me Property, What Should I Do?

In California, spouses or registered domestic partners are given privileged status in regard to collecting the assets of their deceased partner’s estate. After the death of a spouse or domestic partner, a spousal property petition…

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Probate and Blended Families

Blended families, which are now quite common, come in all different shapes and sizes. For example, the husband may have his own children, the wife may have her own children and the couple may have…

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Payable on Death (POD) and Transfer on Death (TOD) Accounts

The form of ownership determines how property will be managed during the owner’s lifetime and how it will be distributed at the owner’s death. Alternative methods of transferring property on death are sometimes known as…

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Ownership of Real Property by Same-sex Couples in California

As with heterosexual relationships, breakup or death are the two possible endings for homosexual relationships. The manner in which property is held affects the outcome of co-owned property between same-sex couples, just as it does…

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Out of State Wills

Many people migrate to California each year. The fact that thousands of people come to California means that their estate planning instruments also follow them to California. If you were domiciled in another state or outside the U.S. and prepared your…

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Out of State Personal Representative

Whether the Executor/Administrator (commonly known as “Personal representative”) of a decedent’s estate can live out of state depends on the laws of the state in which the Will or estate is probated. In California, an…

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What Happens if an Emergency Arises Before a Personal Representative Is Appointed?

Letters of Special Administration Most probate cases follow a similar pattern. It generally takes four to six weeks from the time a petition for probate is filed until Letters can be issued to the personal…

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Is Your Will Valid Under California Law?

The California Harmless Error Doctrine Whether a document constitutes a valid will in California is a function of two variables: (1) the state’s Wills Act formalities, and (2) the degree of judicial compliance the courts…

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Independent Administration of Estates (IAEA)

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…

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