026: Terrence Franklin: When Probate Law Changed a Family’s Fate
Probate Notes: Your Guide to Navigating California Probate Law
Release Date: 01/06/2026
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_outlineIn 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 meticulously drafted will and a contested probate proceeding in Florida, Lucy and her family were ultimately freed and transported to Illinois. What began as family lore evolved into a documented legal record, including trial transcripts, probate inventories, and judicial rulings, all of which remain available today.
Sam and Terrence explore the legal mechanics of emancipation through probate, including bond requirements, jurisdictional differences across states, the role of estate-planning attorneys, and the real consequences of probate litigation. The episode also reflects on legacy—how lawyers, clients, and courts shape outcomes that can echo for generations—and what it means to “bend the arc of history toward justice” through intentional action.
This episode offers a rare look at probate law not just as a technical process, but as a force capable of protecting freedom, preserving truth, and shaping the future.
In this episode, you will hear:
- A 19th-century will that emancipated an enslaved family through probate
- How a contested estate preserved freedom and a family legacy
- The role of estate planning attorneys in navigating emancipation laws
- Probate court records that survived fire, time, and near erasure
- Executor duties that extended far beyond asset distribution
- Lessons modern probate practitioners can draw from historic cases
- How one estate plan shaped generations to come
Resources from this Episode
https://www.trustlitigation.la/attorney/franklin-terrence-m
https://www.linkedin.com/in/terrencefranklin
https://www.youtube.com/watch?v=HWgKIv1nTto
https://creators.spotify.com/pod/profile/terry-franklin
The 6-Stage Probate Process: How to Navigate California Probate: https://a.co/d/82310Rw
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