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Quinn & Dworakowski, LLP

When Is a Real Property Deed Effective in California?

California’s “statute of frauds” requires that a deed that transfers title in real property must be in writing. The parties to a grant deed are the grantor, the owner, and the receiver of title, the grantee. With…

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What Is Ancillary Probate in California?

An “ancillary probate” is a proceeding when a person dies with property in more than one state or dies in one state with property in another. If a person dies owning assets in his or…

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What Does a Probate Court Do?

In general, probate means that there is a court case that deals with: Deciding if a will exists and is valid; Figuring out who are the decedent’s heirs or beneficiaries; Figuring out how much the…

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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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