What if the small cost of title insurance could guard your most significant investment against unforeseen claims?

On today’s episode of Probate Notes, Sam sits down with Kevin Sayles, Vice President and Probate Expert at Lawyers Title, to unravel the intricacies of real estate title insurance. Kevin shares his journey from banking and lending to becoming an industry leader in title insurance, where he emphasizes the critical role this insurance plays in protecting property rights. Despite its relatively minor expense, title insurance is a cornerstone in safeguarding against claims, such as easements or leasehold rights, that could have long-lasting impacts on property ownership.

Dive into the world of probate real estate transactions, with a particular focus on California's unique processes. Kevin and Sam explore how title companies ensure the legitimacy of transactions and why verifying seller identities is crucial. We dissect the complexities of probate sales, highlighting the necessity of court documents and death certificates, as well as the distinctions between full and limited authority under the Independent Administration of Estates Act. Their conversation also addresses issues that arise when deeds do not align with court orders, emphasizing the importance of amendments and certified court orders for a smooth property transfer.

Explore the challenges presented by unrecorded deeds and missing legal documents, including trusts and powers of attorney. Through real-life examples, Kevin illustrates the painstaking diligence required to trace lost documents and maintain the integrity of estate management. Kevin and Sam delve into the critical distinctions between record and marketable titles, particularly concerning the impact of mental incapacity on deed validity. Finally, the episode highlights potential risks, such as Medi-Cal recovery liens and creditor issues, and encourages listeners to stay informed and proactive about probate processes.

Tune in to gain valuable insights and ensure peace of mind as you navigate the complex terrain of real estate title challenges.

In this episode, you will hear:

• Introduction to real estate title insurance with insights from Kevin Sayles, exploring his journey from banking to title mastery
• The critical role of title insurance in protecting property rights and safeguarding against claims like easements and leasehold rights
• Complexities of probate real estate transactions in California, focusing on verifying sellers and the role of court documents and personal representatives
• Challenges with unrecorded deeds and missing legal documents, emphasizing the importance of due diligence and maintaining original documents
• Distinction between record and marketable titles, and the impact of mental incapacity on property deeds
• Navigating probate real estate challenges, including Medi-Cal recovery liens, IRS obligations, and creditor issues
• Importance of proactive strategies in managing probate processes and securing property deals

Resources from this Episode

laltic.com/kevinsayles-1

The 6-Stage Probate Process: How to Navigate California Probate: https://a.co/d/82310Rw

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Episode Credits

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On today’s episode of Probate Notes, join Sam for an eye-opening discussion with Tanis Kluever, a senior account executive from Commercial Loan Corporation (CLOANC), who specializes in the niche field of probate and irrevocable trust loans.

Have you ever wondered why major banks steer clear of these types of loans? Tanis shares her fascinating journey from managing restaurants to becoming a key player in the real estate lending industry. Her passion for helping people navigate the complexities of probate shines as she explains how these unique loans rely heavily on property collateral rather than personal credit guarantees. Sam and Tanis explore the specific criteria and types of properties eligible for these loans, including the intriguing concept of the 65% loan-to-value comfort zone.

Sam and Tanis also venture into the practicalities of managing loans within estate settlements, offering invaluable guidance for fiduciaries and administrators. Tanis unveils how beneficiary loans can be a lifeline for covering probate costs, preventing foreclosure, and addressing creditor debts when cash is short. Discover how these loans help balance asset distributions, allowing heirs to retain cherished properties without sacrificing low property tax rates under Proposition 19. Sam and Tanis stress the need for homeowners insurance and current property taxes, guiding you step-by-step through the understanding and securing of loans tied to trusts.

As a neutral third party, Sam and Tanis aim to empower families to make well-informed financial decisions, offering our insights without charging consultation fees. Don't miss this chance to gain expert knowledge on navigating the intricate world of estate and probate lending.

In this episode, you will hear:

• Introduction to specialty lending in California probate with expert Tanis Kluever from Commercial Loan Corporation
• Tanis's career transition from restaurant management to real estate lending
• In-depth discussion on probate and irrevocable trust loans, focusing on collateral over personal guarantees
• Explanation of beneficiary loans and their role in addressing foreclosure risks, probate expenses, and creditor debts
• Maintaining low property tax bases under Proposition 19 and balancing asset distribution among heirs
• The necessity of homeowners insurance and keeping property taxes current for securing estate loans
• Real-world examples and strategies for using probate loans to resolve complex estate settlement scenarios

Resources from this Episode

cloanc.com/tanis-kluever-trust-loan-specialist

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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.

Justin Fautsch, a vibrant force in the real estate realm, joins Sam on Probate Notes and unfolds his fascinating transition from the medical device industry into co-founding Vimvi Real Estate.

With a journey that started at the University of Iowa and led to the bustling streets of Los Angeles, Justin reveals his passion for leadership and entrepreneurship. Alongside his business partner, Mark MacFarlane, Justin shares the story behind the name Vimvi, which embodies energy and a sense of direction, and explains their unique choice of a hummingbird logo to symbolize their dynamic approach. Gain insight into the challenges and triumphs that accompany the pursuit of financial stability and personal fulfillment across shifting professional landscapes.

The exploration doesn't stop at Justin's story. Sam and Justin navigate the specialized niche of trust and probate real estate in Los Angeles and Riverside counties, examining the strategic edge that a partnership with legal expertise offers in this field. By honing in on sell-side transactions, Justin explains how time is managed and operations are scaled, even as California's competitive market poses challenges for the buy-side. We reflect on the intricate dance of wealth formation and preservation, underscoring the value of empathy in facilitating the transfer of wealth through real estate. Inspired by popular real estate principles, Sam and Justin emphasize the importance of laser-focused efforts, time management, and consistent follow-up to achieve success in this demanding arena.

The episode delves further into the complexities of real estate transactions and estate sales, particularly in the contexts of probate and trusts. Justin shares the typical commission structures and the potential impact of sellers’ decisions on buyer broker commissions. Sam and Justin dissect the nuances of preparing properties for sale, often cluttered or in disrepair, highlighting Vimvi's expertise in handling such challenges with care and respect.

From tackling sentimental items to coordinating estate sales, Sam and Justin’s conversation provides practical insights into navigating the intricate world of California real estate, demystifying the myths perpetuated by reality TV, and offering guidance on successful property investments.

In this episode, you will hear:

• Transition from medical devices to real estate entrepreneurship with Justin Fautsch
• Co-founding Vimvi Real Estate and the significance of its name and logo
• Specialization in trust and probate real estate in Los Angeles and Riverside counties
• Strategies for managing sell-side transactions and scaling operations
• Challenges and opportunities in California's competitive real estate market
• Insights into real estate transactions, estate sales, and commission structures
• Advice on property renovation, flipping, and navigating California's laws

Resources from this Episode

www.vimvi.com

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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.

Have you ever wondered why selling real estate in a California probate case can feel like navigating a labyrinth?

On this episode of Probate Notes, Sam, your host and certified specialist in estate planning, trust, and probate law, is here to guide you through the maze. Most often, it is real estate that puts an estate in probate. This episode unravels the often intricate process of selling real estate within a probate case, from appointing a personal representative to closing escrow. He discusses when a probate attorney is necessary, particularly in situations involving joint tenancy or community property with the right of survivorship, and explores the circumstances under which probate is essential for individual owners or tenants in common. Whether you're an attorney, fiduciary, paralegal, or real estate agent, Sam equips you with essential insights and tips to effectively manage probate real estate transactions in California.

Join us as Sam dissects the probate real estate sales process, spotlighting every critical step a personal representative must take upon receiving a purchase agreement. He clarifies the essential Notice of Proposed Action and the instances that require court confirmation, such as obstructions or limited authority. Dive into the nitty-gritty of drafting petitions, conducting court hearings to confirm a sale, and meeting the mandatory condition of selling properties for no less than 90% of their appraised value. We don't stop there; you'll also gain knowledge about the court-ordered auction process and how to secure successful bids.

With practical tools and strategic advice, this episode promises a structured and efficient journey through probate real estate sales, ensuring you avoid common pitfalls and maintain seamless communication with brokers and title companies.

In this episode, you will hear:

• Expert guidance from Sam Price on navigating California probate real estate sales
• Essential steps from appointing a personal representative to closing escrow
• Importance of probate attorney involvement in joint tenancy and community property scenarios
• Detailed exploration of the Notice of Proposed Action and court confirmation processes
• Tips for ensuring properties sell for at least 90% of their appraised value for court confirmation
• Communication strategies with brokers and title companies to avoid common pitfalls
• Understanding the probate bond and authority types (full vs. limited) in probate transactions

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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.

What happens when someone passes away and has to go through probate?

On this episode of Probate Notes, join Sam as he unpacks this question and more. In this episode, Sam introduces you to his proprietary six-stage probate process, crafted especially for professionals navigating the California probate system. With a focus on John Doe's intestate estate, Sam guides you through the essential steps, including gathering documents and filing petitions. He aims to equip you with the confidence to tackle probate cases without stumbling over common pitfalls.

Ever wondered how estate assets are appraised and distributed? Dive into the nitty-gritty of asset management, from the role of a probate referee to transferring funds into an estate account. Sam covers strategies for dealing with vehicles and personal property, ensuring equitable distribution among heirs. Plus, he shares insights on distributing real estate, whether through joint ownership or alternative methods. You'll be well-prepared to handle estate assets fairly and efficiently by the end of this segment.

The journey doesn't end with liquidating assets to cash and paying the creditors. It continues through the winding down of the estate. Sam covers the crucial post-administration stages—finalizing accounts, managing creditor claims, and completing tax returns. The probate process is as much about fulfilling fiduciary duties as it is about meticulous preparation. Tune in for a comprehensive roadmap to successfully settle an estate, helping you avoid common errors and serve your clients with the utmost precision.

In this episode, you will hear:

• Introduction to Sam Price's proprietary six-stage probate process
• Step-by-step guidance on starting a probate case, using John Doe's intestate estate as an example
• Exploration of asset appraisal and distribution, including the role of the probate referee
• Strategies for handling and selling real estate during probate, along with creditor claims management
• Importance of accurate documentation and fiduciary duties in winding down an estate
• Final stages of probate: preparing accounting, petitioning for final order, and asset distribution
• Managing probate with confidence through a structured approach

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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.

In this inaugural episode of Probate Notes, host Sam Price, a certified specialist in estate planning, trust, and probate law, takes listeners on a personal and professional journey.

The challenges Sam’s family faced after his father's untimely death without an estate plan inspired him. Sam shares how those experiences profoundly impacted his career path. He reveals pivotal moments that led him to specialize in probate work, from his early days feeling disconnected in the corporate world at KPMG to finding fulfillment in helping clients in probate law.

You will learn about Sam's transition from international tax consulting to building a successful real estate business during the 2008 crisis, where he played a key role in providing housing for the homeless. This episode also highlights the growth of Sam's probate law practice, emphasizing how he blends legal expertise with compassionate client service, which defines his approach.

Through personal anecdotes and professional insights, Sam highlights the importance of estate planning and its vital role in safeguarding families' futures. Whether you're navigating the complexities of probate or seeking practical strategies for estate planning, this episode offers lessons and inspiration for both legal professionals and individuals alike. Join Sam and his special guests as they simplify the probate process and share real-world solutions, helping you approach probate with clarity and confidence.

In this episode, you will hear:

• Sam’s personal journey through probate and estate planning after his father's passing
• Transition from international tax consulting to real estate and then to probate law
• Experience in securing housing for the homeless during the 2008 real estate crisis
• Building and growing a probate law practice from a solo endeavor
• Balancing professional growth with family life and community involvement
• Insights into California probate law and estate planning strategies
• Role in legal education and community through bar associations and coaching

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.

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!