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This podcast is available on 4 platforms including Apple Podcasts, Spotify, and more. You can also use the RSS feed directly.

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Yes, this podcast regularly features guests.

Probate Notes: Your Guide to Navigating California Probate Law

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by R. Sam Price

5.0(21 reviews)

53 episodes

Updated Daily

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Podcast Overview

Welcome to Probate Notes, your go-to podcast for navigating the complexities of California probate law. Hosted by R. Sam Price, a seasoned probate attorney, Certified Specialist in Estate Planning, Trust, and Probate Law by the State Bar of California Board of Legal Specialization, and author of The 6-Stage Probate Process, this podcast breaks down probate practice with expert insights, practical strategies, and real-world solutions for attorneys, paralegals, fiduciaries, and professionals in the probate industry. Each episode dives into key topics, from foundational probate concepts to advanced litigation strategies, helping you master the nuances of probate practice. Whether it's fixing court examiner deficiencies, tackling probate litigation, or staying ahead of legislative updates, you'll get actionable guidance to streamline your cases and elevate your expertise. Expect guest interviews with top probate attorneys, fiduciaries, and legal experts, as well as a dedicated segment answering listener questions. Whether you're a seasoned probate attorney or just starting in the field, Probate Notes will help you navigate probate with confidence, clarity, and efficiency. 🎧 Subscribe now on Spotify, Apple Podcasts, YouTube, and all major platforms. Submit your questions and be part of the conversation!

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Recent Episodes

July 21, 2026

052: Fiduciary Accounting Income vs. Taxable Income with Justin Miller

Trust and estate income sounds simple until three different definitions collide. Sam Price sits down with Justin Miller, National Director of Wealth Planning at Evercore Wealth Management, to sort out the confusion. Justin has spent his career untangling fiduciary accounting income, taxable income, and the infamous DNI, distributable net income, and he walks through exactly why they rarely match and why that gap trips up even seasoned practitioners. Justin explains Section 643, the treatment of specific bequests, and the Kenan gain trap that catches trustees off guard when they distribute appreciated property instead of cash. He also breaks down why sub-chapter J's exceptions to individual tax rules matter so much, and grounds each concept in real scenarios, including a mediation Sam is prepping for right now. Anyone advising trustees or beneficiaries will walk away with a sharper read on where trust income tax actually gets decided. In this episode, you will hear: <ul> <li dir="ltr" role="presentation">Three competing definitions of "income" for trusts and estates, and why mixing them up causes so much confusion</li> <li dir="ltr" role="presentation">Fiduciary accounting income explained, including California's new Uniform Fiduciary Income and Principal Act</li> <li dir="ltr" role="presentation">Distributable net income (DNI) under Section 643 and how it decides who actually owes the tax</li> <li dir="ltr" role="presentation">Why specific gifts and bequests carry no tax consequences, while other property distributions do</li> <li dir="ltr" role="presentation">Kenan gain and the hidden tax trap in distributing appreciated property instead of cash</li> <li dir="ltr" role="presentation">A real 1940 court case that still shapes how trustees handle distributions today</li> <li dir="ltr" role="presentation">Practical guidance for trustees weighing a beneficiary's request to swap cash for property</li> </ul> Resources from this Episode The 6-Stage Probate Process: How to Navigate California Probate: <a href= "https://a.co/d/82310Rw">https://a.co/d/82310Rw</a> <a href= "https://www.linkedin.com/in/justinmilleresq/">https://www.linkedin.com/in/justinmilleresq/</a> <a href= "https://x.com/justinmilleresq">https://x.com/justinmilleresq</a> Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on <a href= "https://podcasts.apple.com/us/podcast/probate-notes-your-guide-to-navigating-california-probate/id1808728561"> Apple Podcasts</a>. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. 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 <a href= "https://emeraldcitypro.com/">https://emeraldcitypro.com</a>. Let them know we sent you.

July 17, 2026

051: Why Heggstad Petitions Matter in California Trust Practice with Bob Bergman

Trusts fail every day — not because they're drafted badly, but because assets never quite make it inside. Probate attorney Sam Price and guest Bob Bergman break down how Heggstad petitions under Probate Code §850 can rescue those "orphan" assets. We explain how courts use written intent to confirm that real estate, accounts, and other property belong in the trust without a full probate. Bob shares real cases involving refinances, unrecorded deeds, retirement plans, and more, showing where things go wrong and how to fix them. We also talk through reverse Heggstad situations, where the title ends up with the wrong person or mistakenly inside the trust, and how a court order can correct ownership. Along the way, we clear up common myths, highlight county practice differences, and give professionals a clearer sense of when a Heggstad petition is realistic — and when probate is unavoidable. In this episode, you will hear: <ul> <li dir="ltr" role="presentation">What a Heggstad petition is under Probate Code §850 and how it keeps assets out of probate</li> <li dir="ltr" role="presentation">Common real-world scenarios that trigger Heggstad petitions</li> <li dir="ltr" role="presentation">Types of written intent courts look for, including trust language, schedules, general assignments, and letters</li> <li dir="ltr" role="presentation">How "reverse Heggstad" situations work when property lands with the wrong owner or inside a trust by mistake</li> <li dir="ltr" role="presentation">Misconceptions about Heggstad petitions and why they are not a shortcut for poor trust funding</li> <li dir="ltr" role="presentation">Practical timing and county differences in getting Heggstad petitions granted in California courts</li> </ul> Resources from this Episode <a href= "https://lawbob.com/heggstad-petitions/">https://lawbob.com/heggstad-petitions/</a> <a href= "https://heggstadhelp.com/">https://heggstadhelp.com/</a> The 6-Stage Probate Process: How to Navigate California Probate: <a href= "https://a.co/d/82310Rw">https://a.co/d/82310Rw</a> Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on <a href= "https://podcasts.apple.com/us/podcast/probate-notes-your-guide-to-navigating-california-probate/id1808728561"> Apple Podcasts</a>. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. 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 <a href= "https://emeraldcitypro.com/">https://emeraldcitypro.com</a>. Let them know we sent you.

July 7, 2026

050: Why Inherited IRAs Pose Unique Risks for Special Needs Beneficiaries with Darryl J. Lynch

A million-dollar retirement account sounds like a blessing — until it accidentally disqualifies a child with special needs from critical benefits. We dive into how to prevent that outcome when a parent leaves a 401(k) or IRA directly to a special needs beneficiary. Our guest is Darryl J. Lynch of The Lynch Group at Oppenheimer. In this episode, we unpack why naming the child outright turns the inheritance into a "first-party" asset, triggering taxes and risking SSI, Medicaid, or Medi-Cal eligibility. Instead of the traditional, costly solution — cashing out the inherited IRA and paying hundreds of thousands in taxes — Darryl explains a specialized strategy grounded in private letter rulings. Listeners learn the three-account, three-step process for moving funds from the decedent's retirement account, through inherited IRAs, and finally into a first-party special needs trust — all within a single calendar month so no disqualifying statements are generated. By the end, listeners will understand the timing, coordination, and institutional cooperation required to preserve both the full retirement asset and the beneficiary's needs-based government support. In this episode, you will hear: <ul> <li dir="ltr" role="presentation">Third-party vs. first-party special needs trusts and state clawback concerns</li> <li dir="ltr" role="presentation">Three-step, three-account process to move inherited IRA funds without triggering taxes</li> <li dir="ltr" role="presentation">Critical timing requirements within a single calendar month to avoid deemed assets</li> <li dir="ltr" role="presentation">How guardianship or conservatorship affects planning for minors and adults without capacity</li> <li dir="ltr" role="presentation">Options for beneficiaries aged 65 and older using pooled trusts with segregated accounts</li> <li dir="ltr" role="presentation">Secure Act 2.0 carve-out allowing lifetime "stretch" RMDs for special needs beneficiaries</li> </ul> Resources from this Episode <a href= "https://www.oppenheimer.com/lynchgroup/team">https://www.oppenheimer.com/lynchgroup/team</a> <a href= "https://www.linkedin.com/in/darryljlynch/">https://www.linkedin.com/in/darryljlynch/</a> The 6-Stage Probate Process: How to Navigate California Probate: <a href= "https://a.co/d/82310Rw">https://a.co/d/82310Rw</a> Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on <a href= "https://podcasts.apple.com/us/podcast/probate-notes-your-guide-to-navigating-california-probate/id1808728561"> Apple Podcasts</a>. Simply select "Ratings and Reviews" and "Write a Review," then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. 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 <a href= "https://emeraldcitypro.com/">https://emeraldcitypro.com</a>. Let them know we sent you.

53 total episodes available

Recent guests on Probate Notes: Your Guide to Navigating California Probate Law

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Catalina Castaneda

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What is Probate Notes: Your Guide to Navigating California Probate Law?: Welcome to Probate Notes, your go-to podcast for navigating the complexities of California probate law. Hosted by R. Sam Price, a seasoned probate attorney, Certified Specialist in Estate Planning, Trust, and Probate Law by the State Bar of California Board of Legal Specialization, and author of The 6-Stage Probate Process, this podcast breaks down probate practice with expert insights, practical strategies, and real-world solutions for attorneys, paralegals, fiduciaries, and professionals in the probate industry.

Each episode dives into key topics, from foundational probate concepts to advanced litigation strategies, helping you master the nuances of probate practice. Whether it's fixing court examiner deficiencies, tackling probate litigation, or staying ahead of legislative updates, you'll get actionable guidance to streamline your cases and elevate your expertise.

Expect guest interviews with top probate attorneys, fiduciaries, and legal experts, as well as a dedicated segment answering listener questions. Whether you're a seasoned probate attorney or just starting in the field, Probate Notes will help you navigate probate with confidence, clarity, and efficiency.

🎧 Subscribe now on Spotify, Apple Podcasts, YouTube, and all major platforms. Submit your questions and be part of the conversation!
How often does this podcast release new episodes?: This podcast updates daily.
Where can I listen to this podcast?: This podcast is available on 4 platforms including Apple Podcasts, Spotify, and more. You can also use the RSS feed directly.
Does this podcast accept guests?: Yes, this podcast regularly features guests.

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