009: Navigating Real Estate Law: Insights on Probate, Property Disputes, and Estate Planning with Jennifer Felton
Probate Notes: Your Guide to Navigating California Probate Law
Release Date: 09/09/2025
Probate Notes: Your Guide to Navigating California Probate Law
Understanding real estate disclosures in probate sales can be deceptively complex, especially when exempt sellers are involved. In this episode of Probate Notes, host Sam Price sits down with Teresa Gorman to break down what fiduciaries, trustees, and personal representatives need to know when selling California probate property. Together, they unpack who qualifies as an exempt seller, what properties are covered, and which disclosures still matter despite statutory exemptions. Teresa brings a rare dual perspective as a former trust and estate attorney and current broker with Fiduciary Real...
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In this episode of Probate Notes, Sam Price explores how public administrators step in when probate cases become complicated or family members are unavailable. Attorney Shane Duncombe joins the conversation to share practical insights into when and why a public administrator gets appointed, how they investigate estates, and what attorneys should expect when working alongside them. Shane explains the public administrator’s role in contested estates, orders to show cause, missing heirs, fiduciary duties, statutory fees, bonding requirements, and how neutral third-party administration can help...
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In this episode of Probate Notes, Sam Price sits down with professional fiduciary Gabriela Fisk of IE Fids to unpack what really goes into documenting and managing personal property in probate and conservatorship cases. Drawing on her background in insurance and fiduciary work, Gabriela explains why thorough asset documentation is essential not just for compliance, but for risk management, transparency, and reducing conflict among beneficiaries. Gabriela walks through her methodical, boots-on-the-ground process for inventorying homes, vehicles, safe deposit boxes, and specialty collections,...
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In this episode of Probate Notes, host Sam Price breaks down the practical realities of marshaling financial accounts during probate administration. The conversation focuses on what executors and administrators must actually do after appointment, including tracking down accounts, working with banks, and gathering the documentation needed to access estate funds without delays or missteps. The discussion also clarifies the key differences between cash accounts, brokerage accounts, paper securities, and retirement accounts, with special attention to timing, tax implications, and required minimum...
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In this episode of Probate Notes, Sam welcomes trust and estates litigator Terrence Franklin for a powerful conversation that blends probate law, history, and personal discovery. Terrence shares that, decades into his legal career, he uncovered a 19th-century will contest that directly shaped his family’s freedom and reshaped his understanding of the law’s role in justice. The discussion traces Terrence’s path from Harvard Law School to trust and estates litigation, before turning to the remarkable story of his fourth great-grandmother, Lucy, who was enslaved in the 1840s. Through a...
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In this episode of Probate Notes, Sam flips the script and brings listeners inside his own law firm to explore a part of probate practice that often gets overlooked: the first phone call. That initial conversation sets the tone for the entire attorney-client relationship, shaping expectations around cost, timeline, communication, and trust. Sam explains why attorneys are often not the best people to handle these early conversations and how a well-trained intake professional can improve both client experience and firm efficiency. Joining Sam is Brandie Cooper, a client care specialist at Price...
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In this episode of Probate Notes, Sam welcomes Sharon Vidano, a former criminal defense attorney turned certified life coach, for a conversation about mindset, energy, and intentional living in the legal profession. Drawing on her own experience practicing law, Sharon explains why so many attorneys find themselves living on autopilot, pushing through long hours, high stress, and constant demands without ever stopping to ask whether the life they’re building actually feels fulfilling. Sharon introduces the idea of “living by default” versus “living by design,” emphasizing that change...
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Family disputes over trusts and estates don’t just involve legal questions. They carry decades of emotional history, misunderstandings, and tension that money alone can’t resolve. In this episode of Probate Notes, Sam sits down with veteran trust-and-estate mediator Daniel I. Spector to explore how mediation offers an effective, human-centered alternative to years of bruising litigation. Dan walks through what mediation actually looks like inside probate disputes — how neutral fact-framing works, why listening for understanding (not rebuttal) changes negotiations, and how collaborative...
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Probate bonds play a critical role in California probate cases, yet many practitioners still find the process confusing. In this episode of Probate Notes, Sam sits down with attorney and surety-bond specialist Paul Shakarian to clarify how bonds work, how applicants get approved, and the factors that influence underwriting. Paul shares his transition from practicing law to running a bond agency, along with practical guidance on premiums, renewals, bond riders, and exoneration. His insights help attorneys, fiduciaries, and administrators avoid common bonding pitfalls that stall probate cases....
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Ever felt bogged down by the endless paperwork in the legal field? On this episode of Probate Notes, Chris Floyd from EDEX Information Systems shares how his company is revolutionizing the way legal professionals handle their mail. Chris shares how EDEX transitioned from aiding the California State Workers' Compensation System to becoming an essential partner for attorneys, especially during the pandemic's shift to remote work. Learn how the challenges of managing extensive mailings in probate law can be effortlessly overcome with EDEX's innovative print and mail service. Imagine if sending...
info_outlineEver wondered how real estate law intertwines with probate to affect the transfer of property?
Join Sam for this episode of Probate Notes, as he unravels these complexities with insights from Jennifer Felton, an accomplished attorney who has transformed challenges in the escrow world into a thriving legal career. Jennifer shares her journey from being an escrow officer to owning a renowned real estate law firm, explaining how her firm adeptly balances supporting real estate businesses and assisting consumers with estate planning and property disputes. Discover the nuances of transfer-on-death deeds in California and how they serve as a cost-effective alternative to traditional estate planning for property transfer without the need for probate.
What happens when siblings inherit a property and can't reach a consensus on what to do next? Jennifer Felton untangles the maze of partition actions, unpacking the legal tools available for resolving property disputes among siblings. Sam and Jennifer highlight the often-overlooked right of first refusal for siblings living in inherited properties and the hurdles they face in executing a buyout at fair market value. Their conversation extends to the impact of California's Proposition 13 and Proposition 19 on property taxes and inheritance, providing clarity on how the court can step in to mediate when co-owners are at an impasse.
Estate planning can be a minefield if not navigated carefully. Through real-world examples, Jennifer delves into the repercussions of altering joint tenancy agreements without legal guidance and the ensuing legal quagmires. Sam and Jennifer explore the financial pitfalls associated with small estate affidavits and the hidden costs of cutting corners on thorough estate planning.
From the role of probate referees in property valuation to the duties and liabilities of inheriting property, this episode offers cautionary tales and expert advice meant to steer you clear of costly legal missteps and ensure a smoother path to property inheritance and estate management.
In this episode, you will hear:
- Jennifer Felton’s insights on transitioning from an escrow officer to a real estate attorney and law firm owner
- California's transfer-on-death deeds as a probate-free property transfer method
- Partition actions and the legal complexities of sibling inheritance disputes in California
- The impacts of California's Propositions 13 and 19 on property taxes and inheritance
- Cautionary tales of estate planning errors, particularly altering joint tenancy agreements
- Challenges of using small estate affidavits and the importance of comprehensive estate planning.
- Legal tools and court processes for resolving property disputes and managing estates effectively
Resources from this Episode
The 6-Stage Probate Process: How to Navigate California Probate: https://a.co/d/82310Rw
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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.