Pere Bruin Press is pleased to announce that the fifth edition of Probate in California, a detailed guide to the probate process in the State of California, written by Milton Berry Scott, an estate planning and probate attorney, with some 44 years experience in probate, is now available. The book offers information about which assets must go through probate at death and which assets avoid the probate process, as well as a meticulous explanation of the process, with sample completed court forms, to give the reader an idea of what is happening and how it occurs.
The various legal and judicial council forms used in the California court systems regarding probate are reproduced and explained in the book. In addition, a completed set of forms and documents, following a fictitious estate, "the estate of Margaret L. Nelson," shows the reader what documents are filed with the court and how these documents look and should be prepared.
The book explains in detail the methods of avoiding probate, such as holding assets in joint tenancy, in P.O.D. and T.O.D. accounts, and in a living trust. It also discusses assets subject to beneficiary designation. In addition, it deals with the procedure for changing title to assets in the shortest and simplest way.
Immediate considerations at death, such as handling safe deposit boxes, obtaining a death certificate, making funeral arrangements, handling social security payments after death, changing title to automobiles, obtaining income tax refunds, and taking care of all of the myriad of details which must be undertaken when someone dies are explained and recommendations are given as to how these are handled.
When someone dies there are concerns with regard to the federal and California income tax returns for the year of death, the United States estate tax return if the decedent owned sufficient assets to generate such a return and tax (with a current rate of 45%), income tax returns for income received after the date of death, and other tax matters. In addition, there are income tax considerations after death for certain assets such as IRA accounts, pension and profit sharing plans, single premium deferred annuities, United States savings bonds, as well as other assets.
Although the book is not a do-it-yourself book, it is designed as a guide to clearly explain to the lay person what assets do and do not have to go through the probate process at death. It also details the procedure, starting at the beginning of probate, and shows the various sample documents which must be filed with the court to complete this process.
The book is useful to anyone who is an executor or administrator, who will be an executor or administrator, or who wishes to try to understand this rather complicated legal procedure as it is handled in the State of California.
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Click here to return to home page.These excerpts from Probate in California © 2007 by Milton Berry Scott