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Hi, my name is John T. Anderson. Welcome to my blog! I have been practicing law in California since 1975 and have been the Chairman of the Estate Planning and Probate Section of the Long Beach Bar Association since the mid-1980s. I'm also certified by the State Bar of California Board of Legal Specialization as a specialist in Estate Planning, Trust and Probate Law. On this blog, you will find articles written by me regarding estate planning and probate in California. Many of these articles address recent changes in the law and summaries of the Long Beach Bar Association’s Estate Planning and Probate Section meetings. I hope that you find these articles helpful. If you would like more information about me or my law office, please visit my website at www.trustlaw.ws or contact my office at 562.424.8619.

Wednesday, April 23, 2014

Oil and Mineral Rights: What do you do when there is no deed or legal description for the property?

A recent exchange between estate planners is of interest to those of us whose practice involves estates and real property in the greater Long Beach area where many clients retain oil and mineral rights in property.

On occasion, the client does not have a deed or legal description for the property. One attorney had success with the Los Angeles County Assessor’s Mapping Division (213) 974-7352. The next step was the Los Angeles County Assessor’s Mineral Rights Division (213) 974-3108. He was greatly assisted. One thing he learned was that APN’s only apply to surface interests and not to underground extraction rights.

Also discovered is that there is a form (PCOR) specifically for Oil and Mineral Rights entitled “Change in Ownership Statement - Oil and Gas Property” (form BOE-502-G, RP-980).

To acquire the legal description, others recommended starting with the oil company (rare); next a landman or title company.

In one situation we were told of, a landman concluded, for $4,000, the title was horribly convoluted. For an additional $30,000, the landman would write a determinative legal description.

Another thing to remember, whether you are putting oil and mineral rights into a living trust or administering a probate estate, is that there are two interests: There is 1) a leasehold interest (often assigned and often, improperly, the only interest taken through Probate); and, 2) the underlying ownership of the real property interest in the oil and mineral rights.

An assignment of the leasehold or royalty interest transfers only that and not ownership of the oil and mineral rights. The same is true of probate of only that interest.

                     _________________________________
                     John T. Anderson, Section Chair
                     LBBA Estate Planning, Probate, & Trust Section
                     Certified Specialist in Probate, Trust and Estate Planning
                     By the California State Bar Board of Legal Specialization



Copyright © 2014 by John T. Anderson
All articles by John T. Anderson may be copied for personal use, only. All articles or outlines from others may be used only with their personal authorization. Any approval is for personal use, only, and for non-commercial purposes.
File Location: C:\Users\John\Documents\Work\Website\Articles for Website\Word Version of Articles From Lisa\2014.04.02 Oil and Mineral Rights.docx

Tuesday, March 25, 2014

JIM BIRNBERG’S ANNUAL CALIFORNIA LEGISLATIVE UPDAT

Attorney Jim Birnberg gave us his annual updates on California Legislation affecting Probate, Estates, Trusts, Guardianships, and Conservatorships for 2014.

Here are my notes from Mr. Birnberg’s presentations back on December 16, 2013, to the Long Beach Bar Association’s Estate Planning, Probate, and Trust section:

I.    A)     SB 211 - The California Franchise Tax Board (“FTB”), Assessor’s Office, and IRS are in contact with each other. For many years, IRS has said they have access to these records. They now do. So those deeds from parents to children really are gifts to report on Gift Tax Returns (709).

B)     AB 672 - Certain estates will no longer require tax clearance certificates from FTB.

II.    A)     AB 140 - New definition of “undue influence” and factors to consider. This is to “supplement” the common law definition. Includes excessive persuasion which leads to … resulting in inequity. Adds to things to be considered. Puts the definition in the Probate code as well as Welfare and Institutions code.

B)     AB 381 extends financial elder abuse to attorney-in-fact for elder, dependent adults and victims of attorney-in-fact’s bad faith undue influence.

C)     AB 477 includes notaries in mandated reporting of elder abuse except notaries at financial institutions; or if the information is protected by attorney-client privilege; or if the notary is subject to the reporting requirements under Business and Professions code 6068(e) (1).

III.    AB 1275 extends the definition of an owner to file claims for unclaimed property.

IV.    A)      AB 490 - Intestate Succession- not a parent if parenthood terminated, etc . . . .

B)     AB 1160 tightens-up Personal Representative’s authority in litigation. If you intend to participate in litigation as a Personal Representative and not as a stakeholder, get court authority before you participate.  You must show good cause.

V.    A)      AB 937 - Unless specifically ordered by the court or necessary to protect the conservatee from abuse, the authority of a conservator does not extend to the personal rights of the conservatee including, among other things, the right to receive visitors, telephone calls, and personal mail.

B)     AB 1339 - Applies to Professional Fiduciaries

VI.    AB 824 - To reduce litigation, AB 824 includes trust instruments in the definition of the term “agreement,” which are a final expression of the parties’ agreement, which may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement. Prior law included deeds and wills as well as contracts between the parties.

VII.    AB 1352- Bill to allow courts to destroy files when no action has taken place for 10 years. Some records will still be retained indefinitely.

VIII.    A)     SB 274 allows for more than two parents. We used to know who the mother is. Now, with in vitro, maybe not. But now for intestate succession it got more complicated.

B)     AB 1403 redefines “natural parent as a non-adoptive parent, whether biologically related to the child or not. Some provisions now to be gender neutral.

IX.    SB 138 incorporates HIPAA standards into state law.
   
X.    AB 1339 requires that a petition to appoint a professional fiduciary as a conservator, guardian, or temporary conservator or guardian include fiduciary’s proposed hourly fee schedule or other statement of proposed compensation from the estate.

Also, do so concurrently with filing of the inventory and appraisal. It permits the court to authorize periodic payments on account without precluding the court form later reducing the fee or compensation.

XI.    AB 1293 creates a $40 filing fee for requests for special notice in addition to fees for any other filings.

XII.    SB 281 affects life insurance; accelerated benefits and lapse.

XIII.    AB 261 prohibits residential care facilities for the elderly from requiring advance notice for termination an admission agreement upon the death of a resident. Prohibits accrual of fees once personal property is removed. Prohibits inhibition of removal of personal property.

                _________________________________
                John T. Anderson, Section Chair
                LBBA Estate Planning, Probate, & Trust Section
                Certified Specialist in Probate, Trust and Estate Planning
                By the California State Bar Board of Legal Specialization


                                  

Copyright © 2014 by John T. Anderson
All articles by John T. Anderson may be copied for personal use, only. All articles or outlines from others may be used only with their personal authorization. Any approval is for personal use, only, and for non-commercial purposes.
File Location: C:\Users\John\Documents\Work\Website\Articles for Website\Word Version of Articles From Lisa\2014.02.12_Birnberg Brownbag.docx






Thursday, February 6, 2014

Notice to Attorneys - Probate Division Makes Changes at Stanley Mosk Courthouse

You should all read the announcement below (or click here for link to the Los Angeles Superior Court’s website) of the new assignments in the Probate Court. 

Judge Levanas is now the Supervising Judge.  He and Judge Goetz have been in Probate for quite some time.  Judge Murphy also has been in Probate for some time and came from the Norwalk court.  Judge Cowen was in D 29 with Judge Paul.  Otherwise he is new to probate.  Judges Beckloff and Paul, as I reported in December, have moved out of Probate.

Today I was in D 29 for a hearing in front of Judge Cunningham.  It was his first day they said.  He is new to probate.  He is very gentlemanly and soft spoken.  Let him talk.  It is easy to do but do not talk over him.  He appears to be a hard worker but realize there will be a learning curve. 

I am not familiar with Judge Stratton.  If you have insight into any of the judges that you wish to share, please forward them to me.  Use good taste in any comments.  Try to be helpful for those who have not yet been in front of these judicial officers.  Be prepared. 

                    _________________________________
                    John T. Anderson, Section Chair
                         LB Bar Assoc. Estate Planning, Trust, and Probate Law Section
                         Certified Specialist in Estate Planning, Trust, and Probate Law by the
                         State Bar of California Board of Legal Specialization


Copyright © 2014 by John T. Anderson
All articles by John T. Anderson may be copied for personal use, only. All articles or outlines from others may be used only with their personal authorization. Any approval is for personal use, only, and for non-commercial purposes.
File Location: C:\Users\John\Documents\Work\Website\Articles for Website\Word Version of Articles From Lisa\2014.02.06.docx



Announcement from Los Angeles Superior Court’s website (or Click Here)

Beginning Feb. 3, 2014, the following assignments will take effect at the Probate Division, Stanley Mosk Courthouse, 111 N. Hill St., Los Angeles 90012. 

Department 5
Calendar:    Judge Maria E. Stratton
Trials:            Judge Michael I. Levanas, Supervising Judge of Probate

Department 9
Calendar:       Commissioner David J. Cowan
Trials:             Judge Reva G. Goetz

Department 11
Calendar:      Judge Lesley C. Green
Trials:             Judge James A. Steele

Department 29
Calendar:       Judge David S. Cunningham
Trials:             Judge Daniel S. Murphy

Department 99
Settlement:   Judge Marvin M. Lager

Additionally, beginning on Feb. 3, 2014, all new settings of Public Guardian Petitions will be set in Department 5 and all new settings of Petitions to Approve Minor’s Compromise cases will be set in Department 11.

Expedited Petitions to Approve Compromise of a Disputed Claim will continue to be set in Department 5.  Existing Public Guardian and Minor’s Compromise matters will remain in their currently assigned department.