Category: Probate Court

Probate Hack – Spousal Property Petition

If a Spouse dies and there is a financial account or real property still in the name of the deceased spouse, and no succession mechanism was established or is otherwise available, the surviving Spouse can petition the Probate Court for a one time hearing with a Spousal Property Petition (avoiding the full Probate Court Estate Administration process.)

In most cases, the surviving Spouse will have to establish that the deceased Spouse’s property was community (marital property) as opposed to separate property.

The Spousal property petition is only available for the surviving Spouse or Domestic partner. It is not available for the surviving children, other relative, or other interested parties.

Disclaimer

Probate Hack – Remove Power of Attorney

If a family member, friend, or third party acting as power of attorney (agent) fails to act in the best interest of the principal (person delegating authority to the agent), there is the option to bring the matter to a judge in Probate Court under Probate Code Sections 4541 and 4545, forcing the removal of the Power of Attorney who is breaching his or her fiduciary duties.

In addition to the removal of the power of attorney, the petitioning party can ask that the Court to order an accounting, recognize a new successor power of attorney, and compel the removed bad faith power of attorney to pay the petitioning party’s court related attorney fees.

Having a specific determination on the Power of Attorney is less complicated and costly than instituting a conservatorship.

Disclaimer