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

    3h ago

    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.

    52 min
  2. 046: Inland Empire Estate Planning Seminar Guide for California Probate Professionals With Philip M. Savage IV

    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.

    33 min
  3. 045: Fiduciary Banking for Probate: What Attorneys Need to Know About Estate and Trust Accounts with Blanca Alfaro

    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.

    38 min
  4. 044: Property Tax Exclusions in California Probate: The Rules Most Families Get Wrong, with Gregory R. Broege

    May 19

    044: Property Tax Exclusions in California Probate: The Rules Most Families Get Wrong, with Gregory R. Broege

    California property taxes don't follow simple rules, and that gap in knowledge costs families thousands of dollars every year. In this episode, Sam Price sits down with Gregory R. Broege, a partner at Ajalat, Polley, Ayoob, Matarese, and Broege, to break down what actually happens to property taxes when a real property owner dies in California. Gregory walks through the interspousal exclusion, the sweeping 2021 changes to the parent/child exclusion under Prop 19, grandparent/grandchild transfers, equalized distributions, and the co-tenancy exclusion for unmarried co-owners. The difference between the old rules and the new ones isn't academic. A family home that qualified for full exclusion before 2021 could now trigger a partial reassessment even when every requirement is met. Anyone working in California probate needs to understand these rules before a filing deadline passes. In this episode, you will hear: Prop 13 basics and why California property taxes reset at death How the interspousal exclusion protects surviving spouses from reassessment The 2021 Prop 19 changes that rewrote the parent/child exclusion rules Filing deadlines and homeowner's exemption requirements heirs must meet When the grandparent/grandchild exclusion applies and why the middle generation matters Equalized distributions and trust loans as strategies for keeping the Prop 13 base The co-tenancy exclusion for unmarried co-owners sharing a principal residence Resources from this Episode https://apataxlaw.com/personnel/gregory-r-broege/ 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.

    40 min
  5. 043: What Most Solo Attorneys Get Wrong About Law Firm Profitability with Bree Herman

    May 12

    043: What Most Solo Attorneys Get Wrong About Law Firm Profitability with Bree Herman

    Sam Price sits down with Bree Herman, founder of Herman Ledge Services, to talk about the financial systems that keep law firms out of trouble and in the black. Bree works with solo attorneys and growing firms across the country, specializing in Clio Manage and QuickBooks Online, and she brings a practitioner's clarity to topics most attorneys would rather avoid. In this episode, Bree walks through the Clio features firms underuse, how trust account reconciliation actually works, why your bank balance is not your cashflow, and what it takes to know whether a case was actually profitable. If you have ever wondered whether your firm's finances are as clean as your filings, this episode gives you a place to start. In this episode, you will hear: Using Clio matter templates to cut setup time and enforce consistency across staff Why your bank balance is not a reliable measure of firm health Trust account three-way reconciliation and how to do it correctly Tracking profitability at the case and matter level, not just firm-wide How to build a cashflow picture that accounts for uncleared checks and advance costs The role QuickBooks Online plays alongside Clio in a compliant financial system Knowing when to ask for help before the books become a problem Resources from this Episode hello@breeherman.com https://hermanledge.com/booking https://www.linkedin.com/in/bree-herman/ 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.

    38 min
  6. 042: Nursing Home Abuse and Elder Neglect: What Families Need to Know About Legal Rights and Claims in California

    May 5

    042: Nursing Home Abuse and Elder Neglect: What Families Need to Know About Legal Rights and Claims in California

    When a loved one enters a nursing home, most families assume they're safe. James Morgan, founding partner at Lanzone Morgan, LLP in Long Beach, has spent 26 years proving that assumption wrong, and fighting back when it fails. Morgan breaks down how skilled nursing facilities are licensed in California, where families can research complaint histories (canhr.org is the first stop), and what the warning signs of elder abuse and neglect actually look like. He also clarifies two legal claims that confuse almost everyone: the survival action, which belongs to the deceased, and the wrongful death claim, which belongs to the heirs. They're different cases, different money, and sometimes a source of real conflict when estate beneficiaries and heirs aren't the same people. Sam Price covers exactly why probate attorneys need to understand this area of law, and why getting documents in order before a crisis hits changes everything. In this episode, you will hear: What skilled nursing facilities are and how they differ from hospitals How California licenses and regulates nursing homes Where to research complaint histories and red flags before choosing a facility The legal difference between elder abuse and negligence claims What survival actions and wrongful death claims are, and why they pay out differently When and why a probate needs to be opened to pursue an elder abuse case How conflicting interests between estate beneficiaries and heirs can complicate settlements Resources from this Episode The 6-Stage Probate Process: How to Navigate California Probate: https://a.co/d/82310Rw  Look Up Any California Nursing Home: http://canhr.org  Contact Lanzone Morgan, LLP: https://lanzonemorgan.com/contact/  Learn more about James: https://lanzonemorgan.com/our-team/james-morgan/  LinkedIn: https://www.linkedin.com/company/lanzone-morgan-llp/  YouTube: https://www.youtube.com/@LanzoneMorganLLP  Facebook: https://www.facebook.com/lanzonemorgan/  Instagram: https://www.instagram.com/lanzonemorgan/  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.

    44 min
  7. 041: Estate Audit Essentials With Josh Yager

    Apr 29

    041: Estate Audit Essentials With Josh Yager

    Most estate plans fail before anyone dies. The trust document is fine — the funding, the beneficiary designations, the asset titling — that's where families get blindsided. Sam Price sits down with Josh Yager, Esq., CFP® and Managing Partner of Anodos Law, to walk through the estate audit: a six-stage process designed to catch those problems while there's still time to fix them cheaply. Josh breaks down the three types of assets every estate contains, explains what an "orphaned case" costs a family, and makes the case for why adjacent professionals — CPAs, financial advisors — should be running estate audits, not waiting for the attorney's call after the diagnosis. Josh has settled enough estates to know exactly where things go wrong. This conversation is a practical guide for anyone who touches the estate planning or settlement process. In this episode, you will hear: Why most estate plans fail at funding, not drafting The three asset types every family needs to understand What an orphaned case is and why it blindsides families The six stages of a proactive estate audit How the "treasure map" prevents a successor trustee from flying blind The gray wave coming for California's trust and estate profession Why CPAs and financial advisors should run estate audits, not wait for the call Resources from this Episode https://trustee-help.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.

    43 min
  8. 040: Hidden Labor Liabilities in California Probate Estates with Karen J. Sloat

    Apr 21

    040: Hidden Labor Liabilities in California Probate Estates with Karen J. Sloat

    When a business owner dies, the employment liabilities don't die with them. In this episode of Probate Notes, Sam Price sits down with Karen J. Sloat, founder of SLO Law Group, to break down what probate attorneys need to know about California labor law: wage and hour claims, caregiver misclassification, independent contractor traps, and the penalties that can quietly gut an estate before distribution even begins. Karen brings 40 years of legal experience and runs one of the desert's go-to employment law firms. She works primarily on the employer side, which means she knows exactly where families and personal representatives get exposed, and how to get ahead of it before a single lawsuit gets filed. One caregiver. A few years of unpaid overtime. Tens of thousands in liability. This episode is the wake-up call every probate practitioner needs. In this episode, you will hear: When a business owner dies, employee wage claims survive — and can reach back three to four years Wage and hour violations, discrimination claims, and unpaid taxes all become estate liabilities The difference between a personal attendant and a domestic worker, and why it matters for overtime Why paying a caregiver $250 a day can translate to hundreds of thousands in back pay and penalties Independent contractor misclassification in California and the 13-criteria test most families fail Licensed caregiving agencies shift employer liability away from the family entirely How probate attorneys can use the notice to creditors process to shorten the window for employee claims Resources from this Episode LinkedIn: https://www.linkedin.com/in/sloatlawgroup/ Instagram: https://www.instagram.com/sloatlawgroup/ Facebook: https://www.facebook.com/SloatLawGroup YouTube: https://www.youtube.com/@SloatLawGroupAPC 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.

    38 min
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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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