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Quinn & Dworakowski, LLP

California Probate Attorney Referral Fees

Many California attorneys need the help of a California probate attorney. Also, quite often, attorneys licensed in states other than California need probate representation in California. We welcome referrals from attorneys admitted in California and…

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California Probate Estate With An Unincorporated Business, Partnership Or Limited Liability Company

First, the personal representative must determine whether the business interest can be handled without formal administration or whether probate is necessary. For example, if the shares of a limited liability company are to be distributed…

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Is It Possible To Avoid Wrongful Death Liability Against A Deceased Person’s Estate

In California, a claim for “wrongful death” can arise when one or more persons die as the result of an intentional or negligent act by another person. Sometimes the person who caused the death(s) also…

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Are “Pourover Wills” Subject To Formal Probate Administration

Existing California law provides for the disposition of a person's property by will. Prior to April 1, 2022, in addition, existing law establishes simplified procedures for addressing a decedent's estate valued under $166,250, including authorizing…

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Should A Probate Representative Or Executor Hire A Probate Lawyer?

In California, probate is handled in the California Superior Courts. If your deceased passed away while residing in California or owned real property in California. Probate is a court procedure that includes transferring a deceased…

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What Happens If A Child Inherits Money In California

A minor beneficiary can be named in a Will or a Trust or, by default, be entitled to an inheritance through intestate succession. However, in California, a minor cannot legally own property until they are…

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Disposition Of California Estate Without Probate And Claims Against The Distributed California Estate

Ordinarily, property that would pass by Will or intestacy would be administered in a probate proceeding. However, in certain circumstances, existing California law permits such property to pass to a devisee of a Will or…

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What If A Beneficiary Of A Will Has Died?

A. BENEFICIARY DIES BEFORE THE DEATH OF THE WILL-MAKER When a person makes a Will he/she may assume that the beneficiary or beneficiaries will outlive him/her. So what happens, for example, if a person leaves…

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California Holographic Wills

A holographic will is acceptable in California if it meets basic standards. A holographic will is a will signed by the testator, with its material provisions appearing in the testator’s handwriting. The term “testator” means…

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California Missing Person Presumption Of Death; Court Declaration Of Death And California Probate Of Estate Of Missing Person

Sadly, some people find themselves beginning a California probate administration after a loved one is lost in a mass casualty or has been missing for a long period of time. In addition to the terrible…

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