MISTAKES THAT ATTORNEYS CAN MAKE

PROBATES: MISTAKES THAT ATTORNEYS CAN MAKE

01). NOTICE OF SALE WAS NOT PUBLISHED OR POSTED.

02). COUNSEL FAILED TO GIVE SPECIAL NOTICE, IF REQUESTED.

03). COUNSEL FAILED TO GIVE OTHER NOTICES REQUIRED BY LAW.

04). AMOUNT BID IS NOT AT LEAST 90 PERCENT OF THE COURT APPRAISED (PROBATE REFEREE) VALUE OF THE REAL PROPERTY.

05). REAL PROPERTY HAS NOT BEEN APPRAISED WITHIN ONE YEAR OF SALE.

06). INVENTORY AND APPRAISAL ARE NOT ON FILE.

07). COUNSEL FAILED TO OBSERVE LOCAL COURT RULES ON BROKER’S COMMISSIONS ON EXCLUSIVE LISTING CONTRACTS.

08). COUNSEL FAILED TO OBSERVE LOCAL COURT RULES REGARDING DEPOSITS.

09). COUNSEL FAILED TO INDICATE AMOUNT BY WHICH BOND SHOULD BE INCREASED.

10). COUNSEL FAILED TO COMPUTE THE AMOUNT OF FIRST OVERBID.

11). COUNSEL FAILED TO STATE TERMS OF SALE.

12). COUNSEL FAILED TO USE JUDICIAL COUNCIL FORMS.

13). COUNSEL FAILED TO SET PETITION FOR CONFIRMATION OF SALE WITHIN 30 DAYS OF DATE OF SALE.

14). INADEQUATE EFFORTS WERE MADE TO EXPOSE PROPERTY TO THE MARKET. *****

15). COUNSEL FAILED TO APPEAR AT THE CONFIRMATION HEARING IF REQUIRED BY LOCAL COURT RULES.

16). COUNSEL FAILED TO CONFORM NOTICE OF SALE OF REAL PROPERTY TO ACTUAL TERMS OF ON BID RETURNED TO COURT.

17). COUNSEL FAILED TO PUBLISH NOTICE OF INTENTION TO SELL REAL PROPERTY, IF REQUIRED.

18). COUNSEL FAILED TO USE CURRENT JUDICIAL COUNCIL FORMS FOR SALES.

19). COUNSEL FAILED TO STATE TERMS OF PERSONAL PROPERTY SOLD AS A UNIT.

20). COUNSEL FAILED TO ATTACH LEGAL DESCRIPTION OF THE REAL PROPERTY TO THE ORDER CONFIMING SALE.

PLEASE NOTE: THESE ARE JUST A FEW EXAMPLES OF THE MANY COMMON MISTAKES MADE BY COUNSEL THAT MAY SERIOUSLY DELAY CONFIRMATION OF THE SALE. THIS LIST WAS AMENDED BUT IS BASED ON ITEMS PROVIDED TO CALIFORNIA PROBATE SPECIALIST (CPS) BY COURSE INSTRUCTOR JOE C. RAMOS.  THIS DOES NOT REPRESENT ALL THE OTHER POSSIBLE ISSUES THAT MAY OCCUR BUT SHOULD ASSIST ALL TOWARDS MANAGING THE FILE(S).

*****MICHAEL TEER, BROKER, CALIFORNIA PROBATE SPECIALIST  – ProbateSoCal@gmail.com - HAS OVER 30 YEARS REAL ESTATE SALES EXPERIENCE WORKING WITH PROBATE, CONSERVATORSHIP AND OTHER (STANDARD, SHORT SALES, REO) REAL ESTATE TRANSACTIONS. PLEASE CONSIDER TEER ONE PROPERTIES, INC. 951-313-5168 WWW.MIKETEER.COM FOR ALL YOUR REAL ESTATE NEEDS. OUR LISTINGS ARE PUBLISHED IN THE CALIFORNIA REGIONAL MULTIPLE LISTING SERVICE (CRMLS) AND SOCIAL MEDIA.

MCT-03/09/2014