Probate is a court proceeding in which a Personal Representative marshals all of your assets, pays off all of your creditors, then distributes what is left to your heirs. When you have a Will, the Personal Representative is called an Executor. If you do not have a Will, the Personal Representative is called an Administrator.
If you have a Will, then the heirs will be those that you name in your Will. Disgruntled, disinherited heirs can choose to contest your Will during the probate proceeding. There are consequences to contesting a Will if your Will has what is known as a “No Contest Clause.” However, with the rise of elder financial abuse, the California Legislature has been increasing the exceptions to No Contest Clauses so families can fight Will changes made in favor of financial abusers. Under a No Contest Clause, if it applies, the person contesting your Will is completely disinherited from receiving any money at all (or is only left $1).
If you do not have a Will, then your heirs will be those specified above under the Laws of Intestate Succession.
Probate proceedings can last as long as 2 years or more; they rarely last less than a year. The length of the average probate proceeding is increasing due to budget cuts with the Courts; we are currently experiencing delays as long as 4 months or more in setting hearing dates! Each probate proceeding requires several hearings dates before it can close. With a probate, your heirs will have to wait until the end of the probate proceeding to receive their inheritance. However, the Probate Court will allow for preliminary distributions to your heirs in probates that are lasting for an unusually long period of time. And, the Probate Court can allow for a periodic “Family Allowance” for your dependents while the probate is pending.
Probate can also be expensive because both the Personal Representative and his attorney are entitled to what is called a “Statutory Fee.” This fee is set by law, cannot be reduced, and is based on a sliding-scale, percentage value of your estate as follows:
Sliding Scale Percentage
Amount
Total
4% on the first $100,000
$ 4,000.00
$ 4,000.00
3% on the next $100,000
$3,000.00
$ 7,000.00
2% on the next $800,000
$ 16,000.00
$ 23,000.00
1% on the next $9 million
---
---
½ % on the next $15 million
---
---
Above $25 million
a reasonable amount to be determined by the court
Remember, you have to double this fee times two – both the Personal Representative and her Attorney are entitled to this Statutory Fee. In addition, the Personal Representative and her Attorney can each seek “Extraordinary Fees” for certain services classified as extraordinary, subject to the Probate Court’s approval. Extraordinary Fees are in addition to the Statutory Fees.
Because of the expense and delay of probate, many people opt for a Trust to distribute their assets upon death. With a Trust, no probate proceeding is necessary in order to transfer your assets to your heirs.
Have questions? call Wright Kim Douglas of Glendale California today at (626) 356-3900 for an appointment.
Joint Tenancy Attorney
What Does Joint Tenancy Mean?
Assets that are held in joint tenancy are distributed outside of probate. Joint Tenancy is sometimes referred to as "Poor Man’s Estate Planning" because it happens automatically, without the need for any probate proceeding. Assets that you hold in joint tenancy cannot be left to someone else through a Will or Trust. Instead, assets held in Joint Tenancy go by way of what is known as the “Right of Survivorship.” Right of Survivorship means that whomever is on title to the asset with you will inherit your share of it when you die. So, for example, if you own your home in joint tenancy with one of your children, when you die, that child would then own 100% of the home through the Right of Survivorship.
For real property held in joint tenancy, all the surviving joint tenant needs to do is record a document entitled Affidavit Death of Joint Tenant, along with a certified copy of the Death Certificate, and they become the sole owner of record. (They will also need to file a Preliminary Change of Ownership Report ("PCOR") and other forms with the County Recorder’s Office in order to avoid reassessment under Propositions 58/193.)
Just keep in mind that assets held in joint tenancy must still be reported on your Estate Tax Return if your estate is large enough to be assessed estate taxes.
Need help, call Wright Kim Douglas today at (626) 356-3900 for your appointment at our Glendale, California offices.
David Kim
Managing Partner
David Kim, Managing Partner of WKD, is an experienced litigator with an extensive business and real estate background, and handles exclusively probate and trust matters, both litigated and non-litigated.
Mr. Kim has successfully conducted several notable trials involving probate and trust disputes on behalf of Private Professional Fiduciaries and individuals. He also counsels clients in all phases of trust administration, conservatorships and probate matters.
Prior to practicing law, Mr. Kim's background and experience was mainly in real estate finance, working for Comerica Bank, California Federal Bank, and the Irvine Company. He has been an active licensed broker for more than 30 years and has transacted numerous investment properties throughout California.
Mr. Kim also serves as Court Appointed Counsel on Conservatorship cases and Guardian ad Litem for Trust matters for the Los Angeles Superior Court. He continues his role as Special Master for the California State Bar in connection with conducting searches for documentary evidence under the control of attorneys, physicians, psychotherapists and clergy members, Penal Code 1524.
Since graduating from law school, Mr. Kim has obtained over a decade of legal and management government experience. His prior government experience included working at the Orange County District Attorney's Office, and various Los Angeles County departments, including: the District Attorney's Office, Child Support Services (CSS), Department of Beaches & Harbor, Department of Children & Family Services, Office of Affirmative Action Compliance (OAAC), and Department of Human Resources (DHR).
During his tenure at the District Attorney’s office and CSS, Mr. Kim honed his trial skills by conducting numerous preliminary hearings, bench and jury trials. Mr. Kim is comfortable in a courtroom and is an experienced passionate trial advocate. During Mr. Kim's last three years at Los Angeles County, he was the Risk Manager at the OAAC and DHR responsible for overseeing all aspects of Title VII (Federal) and FEHA (State) litigation involving a workforce of over 100,000 government employees within 37 County departments. Mr. Kim was directly responsible for assessing numerous high risk claims against the County, working with the Board of Supervisors to reduce the County’s potential exposure. Mr. Kim is experienced in assessing the strengths and weaknesses of claims, determining which ones should be settled and which claims should instead go to trial.
Mr. Kim received his Bachelor of Science from the University of Southern California, with an emphasis in Real Property and Development Finance and his Juris Doctorate from Western State University. During law school, he received the American Jurisprudence Bancroft-Whitney Award for being top in his class for Legal Research and Writing. Mr. Kim was also within the top 5% of his class for both Trial and Advanced Trial Practice. He has been named consistently as a Southern California Super Lawyer in Trust and Estate Litigation, in addition to Real Estate & Business Litigation due to his multidisciplinary background.
For 2024, Mr. Kim is also listed as one of "The Best Lawyers in America" in Litigation- Trust & Estates, by Best Lawyers of U.S. News & World Report and his law firm has been named consistently as Best Law Firm.
Mr. Kim is admitted and certified to practice before all courts in the State of California, the United States Federal District Court for the Central District, Washington D.C., and United States Tax Court.
Mr. Kim serves on several Boards. He is currently Board Chairman at Dignity Health, Glendale Memorial Hospital. Mr. Kim also serves on the YMCA of the Foothills Board (Former Board Chairman) and was former President and on the Executive Committee at the National Advocates Top 100 Lawyers.
Speaking Events: Mr. Kim also gives speeches on probate topics. Some of his recent and upcoming speeches are:
Fiduciary Boot Camp, Pincus Professional Education with Co-Speaker Norine Boehmer, DoubleTree by Hilton, Los Angeles Downtown, March 9, 2018
Employing Caregivers, 23rd Annual PFAC Educational Conference with Co-Speaker Norine Boehmer, Riverside Convention Center, Riverside, CA, June 2, 2018
When to Join the Fight: Fiduciary Neutrality and Rules of Ethics, Glendale Estate Planning Council, with Co-Speaker Lauriann Wright; Tam O'Shanter, Los Angeles, CA, July 17, 2018
The Interplay Between Business Entities and Fiduciary Trustees, 24th Annual PFAC Educational Conference with Co-Speaker Hon. Brenda Penny, Assistant Supervising Judge, Los Angeles Superior Court, Disneyland Resort Hotel, Anaheim, CA, May 4, 2019
When to Join the Fight: Fiduciary Neutrality & Rules of Ethics, Fiduciary Round Table, University Club, Pasadena, CA, May 8, 2019
The Interplay between Business Entities and Fiduciaries/Trustees, Estate Planning Council of San Gabriel Valley, Pasadena, CA, November 25, 2019
Nuances of Real Estate Management & Challenging Sales in a COVID Environment, 27th Annual PFAC Educational Conference with Co-Speakers Hon. Clifford L. Klein (Ret.), Los Angeles Superior Court, Vineendra Jain, MBA, CPM, Ingenious Asset Group, Inc., Disneyland Resort Hotel, Anaheim, CA, May 4, 2022
Are you Afraid of Conservatorships of the Persons? Risks, Exposures and Solutions, 28th Annual PFAC Educational Conference with Co-Speakers Hon. Ana Maria Luna, Los Angeles Superior Court, Brenda Shorkend, Shorkend Care Management, Sam Gopinathan, New Wave Home Care, Hyatt Regency Embarcadero Center, San Francisco, CA, June 1, 2023
LACBA- Aviva Bobb Advance CAC Training- 2023 Edition, CAC & Private Counsel, the New Rules & Ethical Considerations, with Co-Speaker J. Andrew Douglas, Wright Kim Douglas, ALC, Los Angeles, CA, March 18, 2023
To Sell or Not to Sell: When is it time to Sell the Conservatee’s Residence? Beverly Hills Bar Association with Co-Speakers Hon. Craig Karlan (Ret.), Los Angeles Superior Court, Carmen Alberio (Ret.) Los Angeles Superior Court Supervising Probate Counsel, Nancy Sanborn, Brian Joy, The Sanborn Team, October 25, 2023
A New Frontier in California- Directed Trusts, South Bay Bar Association with Co-Speakers Hon. Barbara Johnson (Ret.), Los Angeles Superior Court, Carmen Alberio (Ret.) Los Angeles Superior Court Supervising Probate Counsel, October 24, 2024
Lauriann Wright
WKD is proud to support the California Professional Fiduciary Association, serving the needs of the most vulnerable people in our society. Partner Lauriann Wright is interviewed in the Professional Fiduciary Association’s 25th Anniversary Documentary. Click HERE to view the documentary.
Lauriann Wright
Partner
Lauriann Wright, founding partner of WKD, is an experienced, award-winning probate litigator and estate planner located in Glendale, California. For over 25 years, she has been practicing all phases of probate law and litigation, including conservatorships, guardianships, trusts, and probate estates, predominantly in Los Angeles County.
Ms. Wright has conducted numerous contested probate bench trials, dozens of depositions, and written and argued several probate appeals. She has successfully represented professional fiduciaries in numerous contested and protracted probate litigation proceedings including those involving high net worth trusts and estates. Ms. Wright is experienced in skillfully and discreetly navigating the media in high-profile cases, working with public relations and crisis management professionals as needed. Some of her high-profile cases include the trusts for the benefit of Bradford Disney Lund (grandson to Walt and Lillian Disney), the Conservatorship of Britney Spears, the Conservatorship of Haddie Fishburne (mother of Laurence Fishburne), the trust for Nancy Dow (mother of John Melick and Jennifer Aniston), Conservatorship and Trust of Virginia Armstrong (mother (-in-law) to film producers Lani Netter and Gil Netter) and others. Ms. Wright also proudly represents the Anti-Defamation League in various trust and estate matters related to its charitable bequests.
Ms. Wright is consistently recognized by her peers as a leader in her field. She has been named as a Southern California Super Lawyer in Trust and Estate Litigation for fourteen consecutive years, from 2012 through 2024. In fact, for 2019 through 2025, she has been named as one of the Top 50 Women Super Lawyers in Southern California and, for 2020, 2022, 2023, 2024 and 2025, she made the list of Top 100 of all Super Lawyers in Southern California. For 2016 through 2025, she is also listed as one of "The Best Lawyers in America" in Litigation / Probate by Best Lawyers of U.S. News & World Report and her law firm has been named a Best Law Firm as well. She was been named as a member of the National Advocates: Top 100 of Wills, Trust, and Estates Lawyers, among other honors.
Four key qualities make Ms. Wright an effective advocate for her clients: (1) a keen understanding of probate law and procedure, garnering the respect of her fellow attorneys and bench officers; (2) thoroughness and attention to detail; (3) expansive litigation experience; and (4) social intelligence and understanding of the emotionally charged nature of probate disputes.
Mrs. Wright graduated from University of California, Hastings College of the Law in 1994 with her Juris Doctorate, including a semester of specialized coursework in international law completed at University of Leiden Law School, Leiden, the Netherlands. Mrs. Wright was admitted to the California Bar in December 1994 and is admitted to practice in all the California state and federal trial and appellate courts.
Affinity Group Leader, Pasadena Estate & Succession Planning Affinity Group, Provisors (awarded Affinity Group Leader of the Year, Los Angeles Region, 2019)
Vice-President and Board Member, San Gabriel Valley Estate Planning Council
Member:
oSan Gabriel Valley Estate Planning Council
oLos Angeles County Bar, Trust & Estates Section
oPasadena Bar Association
oProvisors, Pasadena III
Expert Witness:
Mrs. Wright has been designated as an expert witness in several probate litigation matters, including cases involving Trusts, Estates, & Conservatorships as well as Legal Malpractice matters. She was recently qualified on the stand as an expert on legal malpractice in estate planning in Debra Murillo vs. Eve Henderson, et al., LASC Case No. BC685171, resulting in a successful Plaintiff’s verdict.
Classes & Seminars Taught:
Ms. Wright is a frequent speaker for continuing legal education course work in specialized probate law topics.
Probate Litigation: How to Build and Present Your Case, Orange County Bar Association, Trust & Estates Section; Co-Speakers Hon. Kim R. Hubbard, Hon. Gerald G. Johnston, Alice A. Salvo; October 15, 2014.
Capturing the Queen: Pre-Trust Contest Litigation Strategies, Orange County Bar Association, Trust & Estates Section, April 8, 2015; and Estate Planning Council of San Fernando Valley, April 30, 2015.
Savage Sunset: How 21380 Has Sharpened the Teeth of the Former 21350, San Fernando Bar Association, Trust & Estates Section; June 9, 2015.
Probate Litigation: How to Build and Present Your Case, Los Angeles County Bar, Trust & Estates Section; September 25, 2015.
Legislative Brunch, Woman's Forum, Push the Limits, National Association of Insurance and Financial Advisors, Greater Foothills, Executive Panelist, Arcadia, CA; March 19, 2016.
Justice Delayed: Conservatorships for Criminal Defendants and a Case Study on One that Went Awry, Professional Fiduciary Association of California, 21st Annual Educational Conference, Night Owl General Session, Indian Wells, CA; June 2, 2016.
Capturing the Queen: Pre-Trust Contest Litigation Strategies, Professional Fiduciary Association of California, 21st Annual Educational Conference, Breakout Session, and Lunchtime Lecture, Indian Wells, CA; June 2 and 3, 2016.
Outer Boundaries: The Perplexing Tale of Standing in Probate Court, Orange County Bar Association, Trust & Estates Section; March 8, 2017
Fiduciary Neutrality: When to Join the Fight? The Ethics, Law, and Practice of Neutrality, Professional Fiduciary Association of California, 22nd Annual Educational Conference, General Session, with Co-Speakers Hon. David J. Cowan of the Los Angeles Superior Court, Yevgeny Belous, and Norine Boehmer; Burlingame, CA, June 3, 2017
Hoops and Hurdles in Fiduciary Accountings, Wells Fargo Private Bank: Fiduciary Accountings, Panel Discussion, Co- Speakers with Stacy A. Kinsel, Wells Fargo Private Bank, Pasadena, CA, on October 17, 2017
Probate Litigation, Pincus Professional Education, DoubleTree by Hilton, Los Angeles Downtown, on November 10, 2017
Fiduciary Boot Camp, Pincus Professional Education with Co-Speakers Hon. Maria E. Strattion and Norine Boehmer, DoubleTree by Hilton, Los Angeles Downtown, March 9, 2018
Hoops and Hurdles in Fiduciary Accountings, 23rd Annual PFAC Educational Conference with Co-Speaker Stacy Kinsel; RIverside Convention Center, Riverside, CA, May 31. 2018
Fiduciary Neutrality: When to Join the Fight. The Ethics, Law and Practice of Neutrality Part 2, 23rd Annual PFAC Educational Conference with Co-Speakers Hon. David J. Cown, Yevgeny Belous, and Norine Boehmer; Riverside Convention Center, Riverside, CA, June 2, 2018
When to Join the Fight: Fiduciary Neutrality and Rules of Ethics, Glendale Estate Planning Council, with Co-Speaker David Kim; Tam O'Shanter, Los Angeles, CA, July 17, 2018
Is the Backdoor Closed? Sanchez, Hearsay & Expert Witness Testimony in Will & Trust Contests, Los Angeles Bar Association, Trust and Estates Section, September Symposium, with Co-Speaker Hon. Maria E. Stratton of the Los Angeles Superior Court; Millennium Biltmore Hotel, Los Angeles, CA, September 21, 2018
2018 Aviva K. Bobb Advanced Probate Volunteer Panel Attorney Training, Los Angeles County Bar Association, Trust and Estates Section, "Working With Other Counsel", Sportsmen Lodge, Studio City, CA, November 3, 2018
Trusts Bootcamp - The Basics, Pincus Professional Education, March 14, 2019
How to Work with Attorneys in Contested Matters, Professional Fiduciary Association of California, 24th Annual Educational Conference, with Co-Speakers Judge James A. Steele (Ret.) and Yevgeny Belous, Esq.; Disneyland Magic Kingdom Ballroom #1, May 2, 2019
Is the Backdoor Closed? Sanchez, Hearsay & Expert Witness Testimony in Will & Trust Contests, Orange County Bar's, Trust and Estate Section, with Co-Speaker Hon. Maria E. Stratton of the Los Angeles Superior Court; Orange Conference Center, Orange, CA, May 8, 2019
Capturing the Queen: Pre-Trust Contest Litigation Strategies, Fiduciary Round Table, September 11, 2019.
Pre-Litigation Mediation & Settlement, Pincus Probate Litigation 101, with Co-Speaker Hon. Mary Thornton House, Judge (Ret.), Los Angeles, CA, September 20, 2019.
Capturing the Queen: Pre-Trust Contest Litigation Strategies, PFAC Regional Meeting, The Reef, Long Beach, CA, November 21, 2019.
Trials and Evidence, Pincus Probate Litigation 101, with Co-Speaker Hon. Mary Thornton House, Judge (Ret.), Los Angeles, CA, September 20, 2019, and November 17, 2020.
Where's the FUN in DysFUNctional Families: Interactive Case Studies, Professional Fiduciary Association of California, 25th Annual Educational Conference, with Co-Speakers Hon. Judge Mary Thornton House (Ret.), Brenda Shorkend, and Robert Earnest, Hyatt Regency San Francisco, May 28, 2020, and multiple other venues thereafter.
Trust and Estates 101: The Nuts and Bolts, Pincus Professional Education, Various Panels, March 3, 2022
Fiduciary Accounting Challenges, Professional Fiduciary Association of California, 26th Annual Educational Conference, with Co-Speaker Francine Lee of Ernst & Young, Disneyland Resort, Anaheim, May 6, 2022; also presented to the Orange County Bar Association’s Trust & Estate Section on June 8, 2022; PFAC Southern Region Education Day, November 3, 2022; to the 59th Annual Hawaii Tax Institute, Waikiki, Hawaii, November 9, 2022; and to the Los Angeles Estate Planning Council, Los Angeles, CA, April 19, 2023.
Supportive Decision Making, Beyond the Buzzword into a Construct for its Application in Probate Conservatorships, 28th Annual PFAC Educational Conference with Co-Speakers Dr. Sarah Mourra, UCLA David Geffen School of Medicine, Mary Winners, About Senior Solutions, Hyatt Regency Embarcadero Center, San Francisco, CA, June 1, 2023.
Tales from the Crypt: Post-Death Issues Regarding Tangible Personal Property (Speaking with Joe Baratta and Bryan Kirk). Hawaiian Tax Institute, Waikiki, HI, November 8, 2023
Probate is a court proceeding in which a Personal Representative marshals all of your assets, pays off all of your creditors, then distributes what is left to your heirs. When you have a Will, the Personal Representative is called an Executor. If you do not have a Will, the Personal Representative is called an Administrator..jpg)
Assets that are held in joint tenancy are distributed outside of probate. Joint Tenancy is sometimes referred to as "Poor Man’s Estate Planning" because it happens automatically, without the need for any probate proceeding. Assets that you hold in joint tenancy cannot be left to someone else through a Will or Trust. Instead, assets held in Joint Tenancy go by way of what is known as the “Right of Survivorship.” Right of Survivorship means that whomever is on title to the asset with you will inherit your share of it when you die. So, for example, if you own your home in joint tenancy with one of your children, when you die, that child would then own 100% of the home through the Right of Survivorship.
He has been named consistently as a Southern California Super Lawyer in Trust and Estate Litigation, in addition to Real Estate & Business Litigation due to his multidisciplinary background.
