The Challenge

When a small business owner tragically passed away from an unforeseen heart attack, his widow panicked at the possibility of a long and difficult probate process. Since her husband’s business provided their primary income, selling the business was the only way to secure her financial stability for the future. As an additional challenge, their home was also held in his name only. She was told she needed to go through the probate process in order to get ownership of these assets, which would take time she couldn’t afford. 

The Solution

Harbor Probate Law met with the anxious spouse, listened to her concerns and reviewed the assets involved. Since California treats estates with a surviving spouse differently, we determined that contrary to prior legal advice she has received, a full-blown probate was not necessary. Unfortunately, at times, we have encountered clients who have received advice to initiate proceedings that are more costly than necessary. 

Instead, we proposed a summary proceeding called a Spousal Property Petition, a process that is more efficient, timely and results in significantly less legal fees. While spouses dealing with creditors or debts may choose to go through probate instead, the Spousal Property Petition route was the best match for our client’s situation. This process would grant her ownership of his business as well as any shared assets. By providing the proper evidence with the spousal petition, we were also able to show that their house was community property even though it was in his name only, allowing her full ownership.

The Result

Swiftly navigating through local court rules and specific county requirements, Harbor filed the Spousal Property Petition within a week and received a court hearing. This prompt action not only led to significantly less legal fees, but also paved the way for a more immediate resolution.

After a court order confirmed her ownership of her husband’s assets, the client completed the business sale successfully, giving her financial peace of mind in a short period of time.