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Articles Posted in probate code

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Real Estate Commissions in Probate Actions (CCP 873.745)

Probate proceedings can often be complex, especially when it comes to the sale of property within an estate. In California, the rules governing commissions for agents, brokers, and auctioneers involved in probate sales are outlined in California Probate Code.  Probate commissions are fees paid to executors and administrators for their…

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A Guide to Penalties for Financial Elder Abuse (Probate Code Section 859)

Probate Code section 859 protects certain individuals whose property or money is taken, concealed, or disposed of by another. Section 859 does this by imposing hefty penalties on anyone who wrongfully takes or conceals property belonging to certain groups.  Specifically, the statute provides: “If a court finds that a person…

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Trust Asset Distributions (Probate Code § 16246)

A trust is a legal device often used in estate planning. A trust may be established in the trustor’s lifetime, or it may be established in the trustor’s will where it takes effect once the trustor dies and the will is admitted in probate. Generally, assets in a trust are…

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