Probate Notes: Your Guide to Navigating California Probate Law

R. Sam Price
  • 5.0 (13)
  • Education
  • Updated Weekly

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

    057: Understanding the Uniform Prudent Investor Act with Jeremy Lau

    Sam Price sits down with Jeremy Lau of Prudent Investors to unpack what happens the moment a successor trustee inherits an investment portfolio. Most fiduciaries know they have a job to do. Few understand the Uniform Prudent Investor Act actually governs how they do it, from diversification to tax sensitivity to monitoring costs that never show up on a brokerage statement. Jeremy walks through the hidden expense ratios buried inside mutual funds, why a trading program with hundreds of tiny positions can quietly balloon trust accounting fees into the tens of thousands, and what separates a financial advisor who protects a fiduciary from one who leaves them exposed. He also breaks down risk tolerance as two distinct factors, not one, and explains why an investment policy statement matters more than most successor trustees realize. This episode hands fiduciaries a checklist they didn't know they needed. In this episode, you will hear: What a successor trustee actually inherits when a settlor passes away The Uniform Prudent Investor Act and why it applies to fiduciaries, not financial advisors Risk tolerance as two separate factors, ability and willingness, not one Hidden costs inside mutual funds and ETFs that never appear on a brokerage statement How a trading program with hundreds of tiny positions can balloon trust accounting fees Why an investment policy statement protects a fiduciary who delegates investment decisions What to look for when choosing a financial advisor to manage trust assets Resources from this Episode https://www.prudentinvestors.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.

    057: Understanding the Uniform Prudent Investor Act with Jeremy Lau

  2. Sep 9

    056: Isolation, Undue Influence, and Elder Financial Abuse with Tim Abrahams

    Tim Abrahams, a retired Los Angeles County Sheriff's investigator who now runs Silver Bison Consulting, joins Sam Price to unpack how elder financial abuse actually unfolds. Tim spent years chasing fraud and title theft cases, and he explains why so many families get turned away at the police counter with the words "this is a civil matter." That single phrase, he says, has let countless cases die before they ever reach a detective's desk. Tim walks through the real patterns behind these crimes: isolation, sudden spending spikes, forged deeds, stolen notary stamps. He shares specific case details, including a stolen vacant lot sold through a fake ID, and explains how his reports help families get law enforcement to actually listen. Families dealing with suspected elder abuse will find a clear roadmap here, straight from someone who investigated these cases for thirty years. In this episode, you will hear: Tim Abrahams' path from LA County Sheriff's investigator to founding Silver Bison Consulting Why "this is a civil matter" sends so many elder abuse cases nowhere The common thread in these cases isolation from family and friends How caretakers escalate from small withdrawals to full financial control Red flags in bank records, deed transfers, and sudden spending changes A real case involving a stolen notary stamp and a fraudulent property sale How Tim builds reports that give families a real shot with law enforcement Resources from this Episode The 6-Stage Probate Process: How to Navigate California Probate: https://a.co/d/82310Rw  silverbison.net linkedin.com/in/timothy-abrahams-666309288/ 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.

    056: Isolation, Undue Influence, and Elder Financial Abuse with Tim Abrahams

  3. Aug 11

    055: What Really Happens to Retirement Accounts in Probate with Ryan Holloway

    Probate planning gets much more complicated once retirement accounts and real families enter the picture. Financial advisor Ryan Holloway, AWMA® explains how beneficiary designations control where the accounts go, what happens when a spouse rolls funds into her own IRA, and how required minimum distributions and age rules (59½ and 73) affect withdrawals and penalties. Ryan breaks down traditional vs. Roth accounts, why the IRS only cares when money goes in or comes out, and how tax-deferred growth can significantly extend wealth. We also cover the 10-year payout rule for non-spouse beneficiaries, key exceptions, and how poor planning can push children into higher tax brackets. Listeners come away with a clearer picture of how retirement accounts, step-up in basis, and trust planning all fit together in real probate work. In this episode, you will hear: How retirement accounts pass from a deceased spouse to a surviving spouse   Rolling employer plans into an IRA and what that changes for control and taxes   Traditional vs. Roth retirement accounts and how contributions and withdrawals are taxed   Required minimum distributions, age rules, and early withdrawal penalties   How capital gains work inside retirement accounts vs. taxable accounts   Non-spouse beneficiaries, the 10-year rule, and key exceptions for minors and disabled heirs   Using trusts, step-up in basis, and planning for real estate and cash accounts as part of an overall inheritance plan   Resources from this Episode https://www.edwardjones.com/us-en/financial-advisor/ryan-holloway 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.

    055: What Really Happens to Retirement Accounts in Probate with Ryan Holloway

  4. Aug 4

    054: Avoiding Problems When Naming Charities in Your California Probate Plan with Brie Griset Smith

    Most clients know which causes they love — but not how to make that generosity work for decades after they're gone. In this conversation, we hear guest Brie Griset Smith, CSPG, Chief Development Officer at the Inland Empire Community Foundation (IECF), explain how community foundations turn charitable wishes into long-term, workable plans. We explore why naming a specific charity in a will or trust can backfire if the organization — or even the cause — disappears, and how IECF's variance power keeps gifts aligned with donor intent without going back to court.   We walk through donor options such as scholarship funds, field-of-interest funds, and endowed funds with a 4% spending policy, plus how memoranda of intent and successor advisors help families involve future generations. Listeners learn how attorneys and IECF can team up so clients gain deeper, more flexible charitable plans while professionals expand the level of service they provide.   In this episode, you will hear: Risks of naming specific charities in estate planning if the nonprofit or cause disappears How the Inland Empire Community Foundation uses variance power to honor donor intent Comparing direct charitable bequests to using funds at a community foundation Scholarship, field-of-interest, donor advised, and endowed funds as options for clients Memoranda of intent as living documents that capture detailed charitable wishes Successor advisors and involving children or grandchildren in ongoing family giving IECF's 85th anniversary goals and its partnerships with nonprofits and legal professionals Resources from this Episode https://www.iegives.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.

    054: Avoiding Problems When Naming Charities in Your California Probate Plan with Brie Griset Smith

  5. Jul 28

    053: How to Choose the Right Probate Real Estate Agent and Protect the Estate with Rhett Fruitman

    Navigating an inherited property can feel overwhelming, especially when it collides with grief and family dynamics. We walk through that reality with guest Rhett Fruitman, co-founder of Inherited Property Match, a service that personally connects heirs, trustees, and fiduciaries with vetted real estate professionals across the country.   Inherited Property Match prioritizes human conversation over algorithms, taking time to understand each client's legal posture, emotional state, property condition, and market before recommending a broker.   We break down what makes a strong probate-focused broker. Along the way, we touch on privacy concerns, out-of-state and commercial properties, urgent situations like looming foreclosure, and why aligning incentives through referrals often leads brokers to go above and beyond for families during one of the hardest seasons of their lives.   In this episode, you will hear: Why heirs, trustees, and fiduciaries need different support than traditional sellers   Hand-tailored broker matching process focused on conversation, not algorithms   Criteria for vetted brokers including probate experience, market niche, and emotional intelligence   Nationwide network for residential and commercial inherited properties   Handling privacy, family dynamics, and emotionally charged situations   Working with urgent matters such as foreclosures and reverse mortgages   Resources from this Episode https://inheritedpropertymatch.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.

    053: How to Choose the Right Probate Real Estate Agent and Protect the Estate with Rhett Fruitman

  6. Jul 21

    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

  7. 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

  8. 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
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About

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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