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Howard E. Kane

Howard E. Kane

30 Years Experience Probate/Trust Administration/Estate Plans/Real Estate Sales
  • Probate, Estate Planning, Real Estate Law
  • California
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Biography

I graduated in 1987 from UCLA with a B.A. in History. I then attended UC Hastings College of the Law in San Francisco from 1987-1990 and began practicing law in 1990. I have also been a licensed California real estate broker since 1996.

My practice areas include Estate Planning, Medicaid Planning, and Probate/Trust Administration including real estate sales.
Estate plans are crafted through client interviews and state-of-the-art attorney drafting tools and software. Typical estate planning packages include:

Wills
Revocable Living Trusts
Guardianship/Conservatorship nominations
Contingent Special Needs Trusts
Durable Power of Attorney for Finances
Health Care Directives
Final Arrangements

Call for a free consultation-- 510.292.0193

Practice Areas
    Probate
    Probate Administration
    Estate Planning
    Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
    Real Estate Law
    Commercial Real Estate, Residential Real Estate
Video Conferencing
  • FaceTime
  • Google Hangouts
  • Google Meet
  • FreeConferenceCall
  • Microsoft Teams
  • WhatsApp
Fees
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
Jurisdictions Admitted to Practice
California
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Languages
  • English: Spoken, Written
Professional Experience
Attorney / Founder
Law Office of Howard E. Kane
Current
Real Estate Broker
H.E. Kane & Co.
- Current
Judicial Extern to Hon. David V. Kenyon
United States District Court, Los Angeles, CA
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Education
University of California - Los Angeles
B.A. | History
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University of California Hastings College of the Law
J.D. | Law
University of California Hastings College of the Law Logo
Awards
UCLA Alumni Merit Scholar
UCLA Alumni Association
Professional Associations
California State Bar  # 151711
Member
- Current
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Contra Costa County Bar Association
Member Family Law and Estate Planning Panels
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Alameda County Bar Association
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Activities: Member Family Law and Estate Planning panels
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Certifications
Real Estate Broker - Credential ID DRE No. 01206186
California Department of Real Estate
Websites & Blogs
Website
Legal Answers
37 Questions Answered
Q. My roommate’s mother died recently. How can he find if there was a will or claim a right to the estate?
A: After a person passes away in California, depending on the value of the estate, the executor of his/her estate may need to probate the will with the local court. To start probate, an estate representative (usually the executor) files a Petition for probate of will with the local superior court in the county in which the decedent resided. Upon the filing of a Petition to probate, the probate clerk will create a file for the court case. Anyone can view this file at the courthouse. To get a copy of the will, appear in person to the court clerk and ask for a copy. You will be required to pay a small fee. In addition, California Probate Code Section 8200 states: The custodian of a will shall, within 30 days after having knowledge of the death of the testator, do both of the following: (1) Deliver the will to the clerk of the superior court of the county in which the estate of the decedent may be administered; (2) Mail a copy of the will to the person named in the will as executor, if the person’s whereabouts is known to the custodian, or if not, to a person named in the will as a beneficiary, if the person’ s whereabouts is known to the custodian.
Q. why would probate judge give someone a chance to amend a petition for revocation for probate of will if the petition was
A: The process for petitioning to revoke probate of a will in California is codified in Probate Code section 8270 et seq. which reads as follows: 8270. (a) Within 120 days after a will is admitted to probate, any interested person, other than a party to a will contest and other than a person who had actual notice of a will contest in time to have joined in the contest, may petition the court to revoke the probate of the will. The petition shall include objections setting forth written grounds of opposition. (b) Notwithstanding subdivision (a), a person who was a minor or who was incompetent and had no guardian or conservator at the time a will was admitted to probate may petition the court to revoke the probate of the will at any time before entry of an order for final distribution. If the judge gave petitioner leave to amend their pleading, then most likely one of the exceptions listed in section 8270 may apply, and the judge is giving the petitioner another chance to at least claim one of these exceptions before denying the petition.
Q. What can I do to keep my cousin from being the Admin for my grandmother estate? She has 4 living sons and I rep. my dad
A: I recommend that you file a written objection with the court as soon as possible. I also recommend that you attend the court hearing to make sure that your objection is heard. In addition, if the appointed administrator has full authority and decides to sell the house, then you will still have the opportunity to object to any sale since the administrator will need to serve a Notice of Proposed Action. Objections must be filed within 15 days of service of the Notice of Proposed Action.
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Contact & Map
Law Office of Howard E. Kane
3923 Gardenia Place
Oakland, CA 94605
Telephone: (510) 292-0193
Cell: (510) 853-1331
Notice: Text 510.853.1331 for the quickest response on the weekends.
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