Probate Notes: Your Guide to Navigating California Probate Law

R. Sam Price

Welcome to Probate Notes, your go-to podcast for navigating the complexities of California probate law. Hosted by R. Sam Price, a seasoned probate attorney, Certified Specialist in Estate Planning, Trust, and Probate Law by the State Bar of California Board of Legal Specialization, and author of The 6-Stage Probate Process, this podcast breaks down probate practice with expert insights, practical strategies, and real-world solutions for attorneys, paralegals, fiduciaries, and professionals in the probate industry. Each episode dives into key topics, from foundational probate concepts to advanced litigation strategies, helping you master the nuances of probate practice. Whether it's fixing court examiner deficiencies, tackling probate litigation, or staying ahead of legislative updates, you'll get actionable guidance to streamline your cases and elevate your expertise. Expect guest interviews with top probate attorneys, fiduciaries, and legal experts, as well as a dedicated segment answering listener questions. Whether you're a seasoned probate attorney or just starting in the field, Probate Notes will help you navigate probate with confidence, clarity, and efficiency. 🎧 Subscribe now on Spotify, Apple Podcasts, YouTube, and all major platforms. Submit your questions and be part of the conversation!

  1. 4d ago

    052: Fiduciary Accounting Income vs. Taxable Income with Justin Miller

    Trust and estate income sounds simple until three different definitions collide. Sam Price sits down with Justin Miller, National Director of Wealth Planning at Evercore Wealth Management, to sort out the confusion. Justin has spent his career untangling fiduciary accounting income, taxable income, and the infamous DNI, distributable net income, and he walks through exactly why they rarely match and why that gap trips up even seasoned practitioners. Justin explains Section 643, the treatment of specific bequests, and the Kenan gain trap that catches trustees off guard when they distribute appreciated property instead of cash. He also breaks down why sub-chapter J's exceptions to individual tax rules matter so much, and grounds each concept in real scenarios, including a mediation Sam is prepping for right now. Anyone advising trustees or beneficiaries will walk away with a sharper read on where trust income tax actually gets decided. In this episode, you will hear: Three competing definitions of "income" for trusts and estates, and why mixing them up causes so much confusion Fiduciary accounting income explained, including California's new Uniform Fiduciary Income and Principal Act Distributable net income (DNI) under Section 643 and how it decides who actually owes the tax Why specific gifts and bequests carry no tax consequences, while other property distributions do Kenan gain and the hidden tax trap in distributing appreciated property instead of cash A real 1940 court case that still shapes how trustees handle distributions today Practical guidance for trustees weighing a beneficiary's request to swap cash for property Resources from this Episode The 6-Stage Probate Process: How to Navigate California Probate: https://a.co/d/82310Rw  https://www.linkedin.com/in/justinmilleresq/ https://x.com/justinmilleresq Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com. Let them know we sent you.

    052: Fiduciary Accounting Income vs. Taxable Income with Justin Miller

  2. Jul 17

    051: Why Heggstad Petitions Matter in California Trust Practice with Bob Bergman

    Trusts fail every day — not because they're drafted badly, but because assets never quite make it inside. Probate attorney Sam Price and guest Bob Bergman break down how Heggstad petitions under Probate Code §850 can rescue those "orphan" assets.   We explain how courts use written intent to confirm that real estate, accounts, and other property belong in the trust without a full probate. Bob shares real cases involving refinances, unrecorded deeds, retirement plans, and more, showing where things go wrong and how to fix them.   We also talk through reverse Heggstad situations, where the title ends up with the wrong person or mistakenly inside the trust, and how a court order can correct ownership. Along the way, we clear up common myths, highlight county practice differences, and give professionals a clearer sense of when a Heggstad petition is realistic — and when probate is unavoidable. In this episode, you will hear: What a Heggstad petition is under Probate Code §850 and how it keeps assets out of probate Common real-world scenarios that trigger Heggstad petitions Types of written intent courts look for, including trust language, schedules, general assignments, and letters How "reverse Heggstad" situations work when property lands with the wrong owner or inside a trust by mistake Misconceptions about Heggstad petitions and why they are not a shortcut for poor trust funding Practical timing and county differences in getting Heggstad petitions granted in California courts Resources from this Episode https://lawbob.com/heggstad-petitions/ https://heggstadhelp.com/ The 6-Stage Probate Process: How to Navigate California Probate: https://a.co/d/82310Rw  Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com. Let them know we sent you.

    051: Why Heggstad Petitions Matter in California Trust Practice with Bob Bergman

  3. Jul 7

    050: Why Inherited IRAs Pose Unique Risks for Special Needs Beneficiaries with Darryl J. Lynch

    A million-dollar retirement account sounds like a blessing — until it accidentally disqualifies a child with special needs from critical benefits. We dive into how to prevent that outcome when a parent leaves a 401(k) or IRA directly to a special needs beneficiary.   Our guest is Darryl J. Lynch of The Lynch Group at Oppenheimer. In this episode, we unpack why naming the child outright turns the inheritance into a "first-party" asset, triggering taxes and risking SSI, Medicaid, or Medi-Cal eligibility. Instead of the traditional, costly solution — cashing out the inherited IRA and paying hundreds of thousands in taxes — Darryl explains a specialized strategy grounded in private letter rulings.   Listeners learn the three-account, three-step process for moving funds from the decedent's retirement account, through inherited IRAs, and finally into a first-party special needs trust — all within a single calendar month so no disqualifying statements are generated.   By the end, listeners will understand the timing, coordination, and institutional cooperation required to preserve both the full retirement asset and the beneficiary's needs-based government support. In this episode, you will hear: Third-party vs. first-party special needs trusts and state clawback concerns Three-step, three-account process to move inherited IRA funds without triggering taxes Critical timing requirements within a single calendar month to avoid deemed assets How guardianship or conservatorship affects planning for minors and adults without capacity Options for beneficiaries aged 65 and older using pooled trusts with segregated accounts Secure Act 2.0 carve-out allowing lifetime "stretch" RMDs for special needs beneficiaries Resources from this Episode https://www.oppenheimer.com/lynchgroup/team  https://www.linkedin.com/in/darryljlynch/  The 6-Stage Probate Process: How to Navigate California Probate: https://a.co/d/82310Rw  Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review," then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com. Let them know we sent you.

    050: Why Inherited IRAs Pose Unique Risks for Special Needs Beneficiaries with Darryl J. Lynch

  4. Jun 23

    049: How Intentional Relationships Transform Probate Practice and Client Trust With Barb Betts

    Loneliness has been labeled a public health epidemic, and in this episode, we're digging into what we can actually do about it with our guest Barb Betts. Barb is a former real estate broker turned corporate keynote speaker here to share about the life-changing power of intentional human connection.   We explore how Barb's 24 years in real estate, her leadership within the National Association of Realtors, and her evolution as a speaker have led her to focus on relationships as the core of sales, leadership, and everyday life. She highlights the paradox of being constantly "connected" online yet deeply disconnected in reality, and why social media and texting can't replace real voice-to-voice or face-to-face interactions.   Listeners learn why relationships often don't break down but quietly drift apart, how to stop waiting for others to reach out, and how a more deliberate approach to staying in touch can transform our businesses, teams, communities, and personal lives.   In this episode, you will hear: Loneliness and disconnection as a public health epidemic and business risk   The Five by Five Method for daily outreach to strengthen personal and professional relationships   Ranking relationships with a simple five-star system and using tools like Team Z to stay intentional   Building relationship-driven cultures inside law firms and businesses to reduce burnout and boost referrals   The importance of the relationship with ourselves and showing up authentically, even in the age of AI   Resources from this Episode https://barbbetts.com/ https://teamzy.com/ https://www.linkedin.com/in/barbbetts/ The 6-Stage Probate Process: How to Navigate California Probate: https://a.co/d/82310Rw  Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com. Let them know we sent you.

    049: How Intentional Relationships Transform Probate Practice and Client Trust With Barb Betts

  5. Jun 16

    048: Term vs Whole vs Universal Life Insurance with Frank Campbell

    Most of us assume our life insurance will quietly be there when our families need it. Frank Campbell is here to explain why that assumption can be dangerously wrong.   We talk with Frank, a California-licensed Life and Disability Analyst, about why an estimated 80% of existing life insurance policies may never pay a beneficiary, and how we can flip those odds. Drawing on more than 30 years of helping clients protect their futures, Frank breaks down the core difference between term and permanent coverage in plain English.   We explore term life as essentially "renting" a death benefit for temporary needs and why those policies are actuarially designed to expire before most people die. From there, we move into permanent insurance and the critical distinction between whole life policies with unconditional guarantees and universal or variable universal life policies built on conditional guarantees that depend on projected returns and internal costs. Frank shares real client stories of policies that quietly "ran out of gas," leaving retirees heartbroken and beneficiaries unprotected. He explains how his Stratus Policy AssessmentSM gives clients a clear, jargon-free review of what their policies will actually do, and why a checkup every five years is so important as products, companies, and regulations change.   In this episode, you will hear: Why an estimated 80% of life insurance policies may never pay a beneficiary   Term life as "rented" coverage for temporary needs and what happens when the term ends   Whole life with unconditional guarantees and how policies can be fully funded for lifelong coverage   Universal and variable universal life with conditional guarantees and hidden risks   Real-world examples of policies "running out of gas" late in life   Importance of regular policy reviews and aligning insurance with the estate plan   Resources from this Episode https://stratusfp.com/about-us/the-president/  https://www.amazon.com/How-Proper-Policy-Review-Beneficiaries-ebook/dp/B096Z2VMVR/  https://www.linkedin.com/in/frank-m-campbell-clu-98b91040/  The 6-Stage Probate Process: How to Navigate California Probate: https://a.co/d/82310Rw  Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com. Let them know we sent you.

    048: Term vs Whole vs Universal Life Insurance with Frank Campbell

  6. Jun 9

    047: What Happens When a Person With Disabilities Receives an Unexpected Inheritance With Kevin Urbatsch

    On this episode, we have special needs planning authority Kevin Urbatsch on to unpack what happens when a person with disabilities receives an unexpected inheritance. They walk through how SSI, Medi-Cal, and IHSS interact, why a windfall can jeopardize essential care, and what families need to understand before a parent's estate plan unintentionally cuts off benefits.   We break down first-party options such as D4A and pooled special needs trusts, ABLE accounts, and the timing of a spend-down. They cover eligibility thresholds, timing rules regarding the month of receipt, and the trade-offs of payback provisions, so practitioners can protect a client's long-term quality of life.   Kevin Urbatsch is a certified specialist in estate planning, trust, and probate law and the National Director of the Academy of Special Needs Planners, with three decades of experience focused on special needs trusts. In this episode, you will hear: Risks of unexpected inheritances to SSI, Medi-Cal, and IHSS eligibility   Using ABLE accounts and strategic spend downs to preserve benefits   Payback requirements to state agencies and why third-party planning is often better   Capacity issues, conservatorships, and court-ordered special needs trusts   Special challenges for beneficiaries over 65 and for minors who inherit directly   Practical guidance for trustees, fiduciaries, and attorneys managing SNTs Resources from this Episode https://www.urblaw.com/  https://sntsymposium.com/  https://www.amazon.com/Administering-California-Special-Needs-Trust/dp/B0GJPGQDJH  https://store.nolo.com/products/special-needs-trusts-spnt.html The 6-Stage Probate Process: How to Navigate California Probate: https://a.co/d/82310Rw  Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com. Let them know we sent you.

    047: What Happens When a Person With Disabilities Receives an Unexpected Inheritance With Kevin Urbatsch

  7. Jun 2

    046: Inland Empire Estate Planning Seminar Guide for California Probate Professionals With Philip M. Savage IV

    In this episode, Sam talks with Philip M. Savage IV, director at Fennemore and 30-year estate planning veteran, about the role the Inland Empire Estate Planning Seminar has played in his practice and in the growth of high-level probate and estate planning work across the region. They walk through the seminar's 47-year evolution — from its roots with local estate planning councils and CLU organizations to today's nonprofit board that continues to bring national-caliber education to San Bernardino and Riverside counties. Phil explains why practitioners here no longer need to travel to coastal cities for cutting-edge content, and how consistent attendance has shaped his network and expertise. They preview the upcoming annual seminar in San Bernardino, highlighting sessions on probate mediation, working with corporate trustees, current developments in estate planning, and charitable giving. Along the way, they unpack practical charitable planning ideas like contingent and endowed gifts, drafting for changing purposes, and giving clients' families flexibility to redirect gifts while honoring intent. Listeners learn how multidisciplinary collaboration among attorneys, CPAs, financial planners, fiduciaries, insurance professionals, and elder-care specialists leads to better outcomes for clients, and why the Inland Empire's scale and culture make it an unusually supportive place to build those relationships and practice estate planning. In this episode, you will hear: Origins and 47-year history of the Inland Empire Estate Planning Seminar and its nonprofit board   Who the seminar serves Overview of featured topics and speakers for the upcoming annual seminar in San Bernardino   Charitable giving strategies including contingent gifts, endowed gifts, and drafting for changing charities   The power of multidisciplinary collaboration to better serve estate planning clients   What makes San Bernardino and Riverside counties a uniquely connected and rewarding place to practice law   Resources from this Episode https://www.fennemorelaw.com/people/attorneys/philip-m-savage-iv/  https://www.ieestateplanningseminar.org/ The 6-Stage Probate Process: How to Navigate California Probate: https://a.co/d/82310Rw  Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

    046: Inland Empire Estate Planning Seminar Guide for California Probate Professionals With Philip M. Savage IV

  8. May 26

    045: Fiduciary Banking for Probate: What Attorneys Need to Know About Estate and Trust Accounts with Blanca Alfaro

    Sam Price sits down with Blanca Alfaro, a relationship banking specialist at CalPrivate Bank, to break down exactly what probate attorneys, fiduciaries, and personal representatives need to know about estate and trust banking in California. Blanca walks through the full account setup process, from gathering probate letters and death certificates to funding accounts remotely via wire or FedEx, all without the client ever stepping foot in a branch. She covers blocked accounts, joint control accounts, extended FDIC insurance, U.S. Treasury bond redemptions, medallion stamps, and the court forms attorneys deal with every day, including MC355 and MC356. What sets Blanca apart is her approach. She meets clients at home, at coffee shops, even at hospitals, because getting the paperwork done right matters more than keeping office hours. This one is packed with practical detail that will make the next probate matter easier to manage. In this episode, you will hear: Opening estate and trust accounts remotely, without clients ever visiting a branch What documents CalPrivate Bank needs to get started, from probate letters to death certificates and EINs How blocked accounts work, what triggers a court order to release funds, and the specific court forms attorneys use daily Extended FDIC insurance that keeps all estate funds under one roof, one statement, and one year-end 1099 Two-signature and joint control accounts, and how CalPrivate actually monitors and confirms both approvals before any funds move U.S. Treasury bond redemptions, medallion stamps, and notary services handled directly by the bank's team The relationship banking difference, personal contacts, no 800 numbers, and a specialist who has met clients at hospitals, coffee shops, and home visits to get the job done Resources from this Episode https://calprivate.bank/directors/blanca-alfaro/ https://www.linkedin.com/in/blanca-alfaro-10b9486/ The 6-Stage Probate Process: How to Navigate California Probate: https://a.co/d/82310Rw    Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

    045: Fiduciary Banking for Probate: What Attorneys Need to Know About Estate and Trust Accounts with Blanca Alfaro
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Welcome to Probate Notes, your go-to podcast for navigating the complexities of California probate law. Hosted by R. Sam Price, a seasoned probate attorney, Certified Specialist in Estate Planning, Trust, and Probate Law by the State Bar of California Board of Legal Specialization, and author of The 6-Stage Probate Process, this podcast breaks down probate practice with expert insights, practical strategies, and real-world solutions for attorneys, paralegals, fiduciaries, and professionals in the probate industry. Each episode dives into key topics, from foundational probate concepts to advanced litigation strategies, helping you master the nuances of probate practice. Whether it's fixing court examiner deficiencies, tackling probate litigation, or staying ahead of legislative updates, you'll get actionable guidance to streamline your cases and elevate your expertise. Expect guest interviews with top probate attorneys, fiduciaries, and legal experts, as well as a dedicated segment answering listener questions. Whether you're a seasoned probate attorney or just starting in the field, Probate Notes will help you navigate probate with confidence, clarity, and efficiency. 🎧 Subscribe now on Spotify, Apple Podcasts, YouTube, and all major platforms. Submit your questions and be part of the conversation!

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