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James Jackson Phillips

James Phillips’s Answers

2 total

  • Husband died w/out will in Calif. Will I need to go through probate? Any simple way to handle with Declaration or Affidavit

    Died suddenly, married 28 yrs., our home in his name only but paid with joint checking account funds. Two other properties in his name only acquired before marriage but taxes in past years have been paid through joint checking account. May have o...

    James’s Answer

    Probate can be avoided on the house if it was purchased with community property through what is called a spousal property petition.

    Probate is required on the two rentals if the combined value was over $150,000 worth of his separte property.

    See question 
  • California probate. Dad died in November leaving us $125,000. Will it now be a small estate for probate purposes?

    We asked the bank last year and were told that because it was over $100,000, we would need to go through probate. Small estate has changed to $150K this year. Is it based on time of death or time of requesting the money?

    James’s Answer

    The new Probate Code Section 13100 amount of $150,000 can apply now for a 2010 death.

    See question