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under the California Probate Code a
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probate court is a court of general
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jurisdiction and that means that a
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probate court will hear any matter that
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would normally be a civil matter as long
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as it involves a decedent’s estate or a
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decedent’s trust or a decedent’s assets
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so we frequently file claims or defend
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claims concerning life insurance
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policies or retirement benefits or other
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ways in which a an acid is distributed
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through a beneficiary designation rather
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than through a will or trust and one
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important new development in the law is
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what’s called a transfer on death deed
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which allows a person to record against
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their house or other real property a
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statement that they would like their
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property once they die to go to a
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particular person a transfer on death
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deed can be executed without the use of
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an attorney it can be ambiguous as to
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what it means it can be a tool for undue
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influence and manipulation so we’ve
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already seen some litigation concerning
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transfer on death deeds and they’ve only
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been legal since 2018 in California so
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we expect that a lot of disputes will
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continue to arise concerning transfer on
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death deeds and other kinds of deeds
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that may not accurately describe what
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the decedent wanted to do
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San Mateo, CA estates & probate lawyer Jeffrey Loew talks about his firm’s work handling life insurance policies, retirement benefits and other ways in which an asset is distributed through a beneficiary designation.