Probate Notes: Your Guide to Navigating California Probate Law

Probate Notes: Your Guide to Navigating California Probate Law

By R. Sam PriceEducationGovernment
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Probate Notes: Your Guide to Navigating California Probate Law episodes

  • 063: Probate Home Sales and Family Conflict with Scott Stollar

    An inherited home can be both an asset and a source of family stress. REALTOR® Scott Stollar discusses what it takes to prepare and sell real estate during California probate, from securing a vacant property to handling tenants or heirs who live there. We cover lock changes, neighbor communication, garage door security, notice periods, lease obligations, fair rent, and possible cash-for-keys agreements.

    Scott stresses that grief can shape decisions and family conflict: its stages are not linear, and roles as helper, harmed person, or aggressor can shift. Listening with patience and compassion can help relatives make progress.

    The conversation also explains why escrows fall apart, how agents can reconnect with backup buyers, and how inspection concerns, market time, and solar agreements can affect a sale. Listeners will gain a picture of the property, people, and paperwork issues to plan for when an estate home is sold.

    In this episode, you will hear:

    • Securing vacant probate properties

    • Managing tenants and heirs living in the home

    • Grief and family dynamics during probate

    • Responding to canceled escrows and buyer concerns

    • Investor offers and property marketing

    • Solar agreements, liens, and sale complications

    Resources from this Episode

    Inherited Home Resources (all of my free guides and tools in one place): https://sellitscott.com/inherited-home-resources/

    Successor Trustee Checklist: https://sellitscott.com/successor-trustee-checklist/

    Website: https://sellitscott.com

    YouTube: https://www.youtube.com/@sellitscott

    LinkedIn: https://www.linkedin.com/in/scott-stollar-720602210

    The 6-Stage Probate Process: How to Navigate California Probate: https://a.co/d/82310Rw

    Follow and Review:

    We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

    Episode Credits

    If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com. Let them know we sent you.

    45 min
  • 062: Kevin Porter on Legal Ethics, Integrity, and Building a Respected Legal Career

    Can a lawyer build a lasting reputation without acting like an attack dog? Kevin Porter says yes: preparation, honesty, and professional advocacy matter more than theatrics. In this conversation, Porter traces his path from a phone company to law school and a Victorville practice he joined in 1993. He reflects on decades of general practice, community service, and the relationships built through coaching basketball, Rotary, the Chamber of Commerce, and supporting a local charter school.

    Porter explains that admitting mistakes, keeping promises to clients and the court, and treating opposing counsel respectfully help protect credibility. He also shares how personal experience shaped his empathy for families facing difficult circumstances, and why family law eventually became emotionally draining.

    For new attorneys, his advice is to find work suited to their interests, seek a trusted mentor, and learn how judges and court staff view prospective firms.

    In this episode, you will hear:

    • Community service through coaching, Rotary, and school leadership

    • Integrity, honesty, and a professional reputation in legal practice

    • Empathy for clients facing family and personal hardships

    • Advice for new attorneys on finding a practice fit and mentor

    • Learning about a firm's reputation from judges and court staff

    Resources from this Episode

    https://cklaw.net/

    The 6-Stage Probate Process: How to Navigate California Probate: https://a.co/d/82310Rw

    Follow and Review:

    We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second, and it helps spread the word about the podcast.

    Episode Credits

    If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com. Let them know we sent you.

    35 min
  • 061: Managing a Trust Portfolio with Jeremy Lau

    A trust can lose money through poor planning even when markets rise. That concern anchors our conversation with investment adviser Jeremy Lau about trust administration. Lau explains how trustees should assess beneficiaries' needs, expenses, liquidity, risk tolerance, taxes, and fees before deciding how to invest assets.

    We discuss why liquid investments matter, how trustees can work with professional advisers, and warning signs deserving review. Lau recommends checking an adviser's record and judging returns against an appropriate benchmark, not headlines or a stock index. He explains performance attribution and the risks of speculative requests. Listeners will come away with a sense of how investment guidelines can help trustees make and explain decisions in beneficiaries' interests and answer beneficiary questions clearly.

    Jeremy L. Lau serves as the CEO of Prudent Investors. He frequently speaks on investment management and financial planning to professional fiduciaries and trust and estate attorneys around the country. Jeremy regularly advises fiduciaries on managing their clients' assets and financial planning needs and also works with estate litigators as a financial expert witness. Before Prudent Investors, he worked in senior roles in the investment banking industry in Tokyo and Hong Kong. He graduated in Accounting from Brigham Young University and has earned the right to use the Chartered Financial Analyst (CFA®) and Certified Financial Planner (CFP®) designations.

    In this episode, you will hear:

    • Fiduciary duties under the Uniform Prudent Investor Act

    • Matching investment risk to beneficiaries' needs

    • Planning for special needs trust expenses and liquidity

    • Spotting portfolio and financial adviser red flags

    • Choosing fair benchmarks and reviewing performance

    • Using an investment policy statement to guide decisions

    Resources from this Episode

    https://www.prudentinvestors.com

    The 6-Stage Probate Process: How to Navigate California Probate: https://a.co/d/82310Rw

    Follow and Review:

    We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

    Episode Credits

    If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com. Let them know we sent you.

    41 min
  • 060: Estate Planning and Wealth Management Under One Roof With Sanford M. Fisch

    Our conversation with Sanford M. Fisch, CEO and co‑founder of the American Academy of Estate Planning Attorneys and American Academy Wealth, LLC, focuses on building an estate planning firm that actually works as a business. We talk with Sandy about his path from tax specialist at Coopers and Lybrand to reshaping estate planning with Robert Armstrong and the systems thinking inspired by The E‑Myth.

    We walk through the Academy's paint‑by‑numbers approach to marketing, community workshops, and client meetings, and why attorneys often struggle to implement systems on their own. Sandy explains how Academy membership, coaching, and twice‑yearly summits support solos and small firms as they grow.

    We also cover his books The E‑Myth Attorney and The Enterprise Model Law Firm, and how integrating wealth management through American Academy Wealth helps attorneys deepen client relationships and create recurring revenue, while giving families a single, coordinated point of contact for planning and investments.

    In this episode, you will hear:

    • How The E Myth inspired systematized law practice management

    • Lead generation systems for estate planners, including community workshops

    • The importance of following proven systems and avoiding "academy drift"

    • What the American Academy of Estate Planning Attorneys provides to members

    • Structure and purpose of the Academy's biannual summits

    • The Enterprise Law Firm Model and integrating wealth management for recurring revenue

    Resources from this Episode

    https://www.linkedin.com/company/american-academy-of-estate-planning-attorneys/

    https://www.facebook.com/AmericanAcademyOfEstatePlanningAttorneys

    https://www.aaepa.com/

    https://www.instagram.com/estate_planning_academy/

    The 6-Stage Probate Process: How to Navigate California Probate: https://a.co/d/82310Rw

    Follow and Review:

    We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

    Episode Credits

    If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com. Let them know we sent you.

    43 min
  • 059: Probate Attorney and REALTOR® Strategies for Grief, Conflict, and Fair Buyouts With Scott Stollar

    Grief, sibling tension, and a house full of memories collide when a parent dies, and that is where we start. We talk with REALTOR® Scott Stoller, founder of SellItScott and a C.A.R. Certified Probate and Trust Specialist, about what really happens when heirs inherit a home in California probate.

    We explore the five stages of grief and how timeline, money pressure, and different views on value can quickly fuel conflict. We share how professionals can approach the process with curiosity, not a rigid playbook, to help heirs feel heard while still protecting the property's equity. We also cover options for a child who wants to keep the home, including financing, debt-to-income realities, FHA possibilities, reverse mortgages, and Prop 19 tax implications.

    Listeners learn how to guide clients through emotionally charged decisions with clarity, compassion, and grounded expectations.

    In this episode, you will hear:

    • How grief, memories, and family history show up when heirs inherit a home

    • Common conflict patterns between siblings over timelines, money, and selling vs keeping the house

    • The five stages of grief and how they affect decision-making around the estate

    • Professional strategies to keep heirs heard, informed, and focused on clear options

    • Disputes over property value and how condition, market rates, and buyer demand factor in

    • Financing paths for an heir who wants to keep the home, including DTI and FHA options

    • Special issues with reverse mortgages and Prop 19 for long-term affordability

    Resources from this Episode

    Inherited Home Resources (all of my free guides and tools in one place): https://sellitscott.com/inherited-home-resources/

    Successor Trustee Checklist: https://sellitscott.com/successor-trustee-checklist/

    Website: https://sellitscott.com

    YouTube: https://www.youtube.com/@sellitscott

    LinkedIn: https://www.linkedin.com/in/scott-stollar-720602210

    The 6-Stage Probate Process: How to Navigate California Probate: https://a.co/d/82310Rw

    Follow and Review:

    We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

    Episode Credits

    If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com. Let them know we sent you.

    41 min
  • 058: How Law Firms Can Use Full-Time Virtual Assistants to Handle Intake, Drafting, and Litigation Support with Matthew Crider

    Hiring help does not have to blow up your margins or your sanity. We hear how estate planning attorney Matthew Crider turned early frustrations with outsourced reception and bookkeeping into a deliberate system for working with virtual assistants, and eventually into co-founding Traba Legal. He and Sam walk through the real cost pressures of hiring in California, the challenges of finding qualified local staff, and why overseas VAs can be a strong fit for law firms when handled thoughtfully.

    Listeners learn how to think through the right first role for a VA, how to integrate remote team members into firm culture, and how a clear hiring and management structure can free lawyers to focus on higher‑value legal work.

    In this episode, you will hear:

    • Cost pressures and hiring challenges for small California law firms

    • Moving from agencies and platforms to directly managed virtual assistants

    • Why Traba Legal focuses on full-time VAs based in the Philippines

    • Traba Legal's five-step vetting and skills testing process for candidates

    • Building culture and accountability with remote team members through daily huddles and meetings

    Resources from this Episode

    https://trabalegal.com

    https://legacylawsolutions.net/matthew-crider

    The 6-Stage Probate Process: How to Navigate California Probate: https://a.co/d/82310Rw

    Follow and Review:

    We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

    Episode Credits

    If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com. Let them know we sent you.

    39 min
  • 057: Understanding the Uniform Prudent Investor Act with Jeremy Lau

    Sam Price sits down with Jeremy Lau of Prudent Investors to unpack what happens the moment a successor trustee inherits an investment portfolio. Most fiduciaries know they have a job to do. Few understand the Uniform Prudent Investor Act actually governs how they do it, from diversification to tax sensitivity to monitoring costs that never show up on a brokerage statement.

    Jeremy walks through the hidden expense ratios buried inside mutual funds, why a trading program with hundreds of tiny positions can quietly balloon trust accounting fees into the tens of thousands, and what separates a financial advisor who protects a fiduciary from one who leaves them exposed. He also breaks down risk tolerance as two distinct factors, not one, and explains why an investment policy statement matters more than most successor trustees realize.

    This episode hands fiduciaries a checklist they didn't know they needed.

    In this episode, you will hear:

    • What a successor trustee actually inherits when a settlor passes away

    • The Uniform Prudent Investor Act and why it applies to fiduciaries, not financial advisors

    • Risk tolerance as two separate factors, ability and willingness, not one

    • Hidden costs inside mutual funds and ETFs that never appear on a brokerage statement

    • How a trading program with hundreds of tiny positions can balloon trust accounting fees

    • Why an investment policy statement protects a fiduciary who delegates investment decisions

    • What to look for when choosing a financial advisor to manage trust assets

    Resources from this Episode

    https://www.prudentinvestors.com

    The 6-Stage Probate Process: How to Navigate California Probate: https://a.co/d/82310Rw

    Follow and Review:

    We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

    Episode Credits

    If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com. Let them know we sent you.

    43 min
  • 056: Isolation, Undue Influence, and Elder Financial Abuse with Tim Abrahams

    Tim Abrahams, a retired Los Angeles County Sheriff's investigator who now runs Silver Bison Consulting, joins Sam Price to unpack how elder financial abuse actually unfolds. Tim spent years chasing fraud and title theft cases, and he explains why so many families get turned away at the police counter with the words "this is a civil matter." That single phrase, he says, has let countless cases die before they ever reach a detective's desk.

    Tim walks through the real patterns behind these crimes: isolation, sudden spending spikes, forged deeds, stolen notary stamps. He shares specific case details, including a stolen vacant lot sold through a fake ID, and explains how his reports help families get law enforcement to actually listen.

    Families dealing with suspected elder abuse will find a clear roadmap here, straight from someone who investigated these cases for thirty years.

    In this episode, you will hear:

    • Tim Abrahams' path from LA County Sheriff's investigator to founding Silver Bison Consulting

    • Why "this is a civil matter" sends so many elder abuse cases nowhere

    • The common thread in these cases isolation from family and friends

    • How caretakers escalate from small withdrawals to full financial control

    • Red flags in bank records, deed transfers, and sudden spending changes

    • A real case involving a stolen notary stamp and a fraudulent property sale

    • How Tim builds reports that give families a real shot with law enforcement

    Resources from this Episode

    The 6-Stage Probate Process: How to Navigate California Probate: https://a.co/d/82310Rw

    silverbison.net

    linkedin.com/in/timothy-abrahams-666309288/

    Follow and Review:

    We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

    Episode Credits

    If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com. Let them know we sent you.

    42 min
  • 055: What Really Happens to Retirement Accounts in Probate with Ryan Holloway

    Probate planning gets much more complicated once retirement accounts and real families enter the picture. Financial advisor Ryan Holloway, AWMA® explains how beneficiary designations control where the accounts go, what happens when a spouse rolls funds into her own IRA, and how required minimum distributions and age rules (59½ and 73) affect withdrawals and penalties.

    Ryan breaks down traditional vs. Roth accounts, why the IRS only cares when money goes in or comes out, and how tax-deferred growth can significantly extend wealth. We also cover the 10-year payout rule for non-spouse beneficiaries, key exceptions, and how poor planning can push children into higher tax brackets. Listeners come away with a clearer picture of how retirement accounts, step-up in basis, and trust planning all fit together in real probate work.

    In this episode, you will hear:

    • How retirement accounts pass from a deceased spouse to a surviving spouse
    • Rolling employer plans into an IRA and what that changes for control and taxes
    • Traditional vs. Roth retirement accounts and how contributions and withdrawals are taxed
    • Required minimum distributions, age rules, and early withdrawal penalties
    • How capital gains work inside retirement accounts vs. taxable accounts
    • Non-spouse beneficiaries, the 10-year rule, and key exceptions for minors and disabled heirs
    • Using trusts, step-up in basis, and planning for real estate and cash accounts as part of an overall inheritance plan

    Resources from this Episode

    https://www.edwardjones.com/us-en/financial-advisor/ryan-holloway

    The 6-Stage Probate Process: How to Navigate California Probate: https://a.co/d/82310Rw

    Follow and Review:

    We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

    Episode Credits

    If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com. Let them know we sent you.

    48 min
  • 054: Avoiding Problems When Naming Charities in Your California Probate Plan with Brie Griset Smith

    Most clients know which causes they love — but not how to make that generosity work for decades after they're gone. In this conversation, we hear guest Brie Griset Smith, CSPG, Chief Development Officer at the Inland Empire Community Foundation (IECF), explain how community foundations turn charitable wishes into long-term, workable plans. We explore why naming a specific charity in a will or trust can backfire if the organization — or even the cause — disappears, and how IECF's variance power keeps gifts aligned with donor intent without going back to court.

    We walk through donor options such as scholarship funds, field-of-interest funds, and endowed funds with a 4% spending policy, plus how memoranda of intent and successor advisors help families involve future generations. Listeners learn how attorneys and IECF can team up so clients gain deeper, more flexible charitable plans while professionals expand the level of service they provide.

    In this episode, you will hear:

    • Risks of naming specific charities in estate planning if the nonprofit or cause disappears
    • How the Inland Empire Community Foundation uses variance power to honor donor intent
    • Comparing direct charitable bequests to using funds at a community foundation
    • Scholarship, field-of-interest, donor advised, and endowed funds as options for clients
    • Memoranda of intent as living documents that capture detailed charitable wishes
    • Successor advisors and involving children or grandchildren in ongoing family giving
    • IECF's 85th anniversary goals and its partnerships with nonprofits and legal professionals

    Resources from this Episode

    https://www.iegives.org/

    The 6-Stage Probate Process: How to Navigate California Probate: https://a.co/d/82310Rw

    Follow and Review:

    We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

    Episode Credits

    If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com. Let them know we sent you.

    35 min

About Probate Notes: Your Guide to Navigating California Probate Law

From the publisher's feed

Welcome to Probate Notes, your go-to podcast for navigating the complexities of California probate law. Hosted by R. Sam Price, a seasoned probate attorney, Certified Specialist in Estate Planning, Trust, and Probate Law by the State Bar of California Board of Legal Specialization, and author of The 6-Stage Probate Process, this podcast breaks down probate practice with expert insights, practical strategies, and real-world solutions for attorneys, paralegals, fiduciaries, and professionals in the probate industry.