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Category - East Bay Probate Realtor John Erik Fraker

East Bay Probate Realtor John Erik Fraker (925) 255-5010 is a Probate Expert who specializes in all real estate issues pertaining to Probate, Trust Administration or Estate Administration.  East Bay Probate Realtor John Fraker has over twenty years experience guiding families through all parts of the California Probate Process.

Are there any specific rules about how property can be disposed of?

Are there any specific rules about how property can be disposed of? In general, the answer is yes, but if (for example) you indicated that all your...

How does Joint Tenancy affect a Will?

Joint tenancy with right of survivorship (JTWROS) is a common legal method of defining property ownership when shared with another person, but it...

Are provisions for the care and guardianship of minor children usually provided for in a will?

Often they are, but a court is not bound by these provisions and might overrule them if there was a specific reason to do so or a justifiable...

How are taxes handled in probate?

For federal and state tax purposes, death triggers two events: (1) It ends the decedent’s last tax year for purposes of filing an income tax return...

Do beneficiaries have to pay creditors out of their own pocket if the estate is insolvent?

Generally not. Just as you “can’t take it with you” you just can’t make others responsible for your general debts, at least without their consent...

How are creditors against the estate handled?

Creditors are notified of the death as part of the probate process. This notification process can vary from state-to-state and can range from a...

How can I avoid probate of my estate?

One approach to reduce or eliminate the need for probate is through the use of a Living Trust that holds legal title to some or all of your property...

How can I find out if there was a will?

The first place to check is with the probate court in the County of the State where the deceased lived. In almost every case the Will, if filed, will...

How can a will be contested?

A “contest” is usually mounted by the filing of the necessary documents with the probate court by an heir, prospective heir or another beneficiary...

What is the basis for a will contest?

Most of the challenges to invalidate Wills are by potential heirs or beneficiaries who got little or nothing. Questions on the validity of a Will...

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