Free Consultation: (800) 811-9080Tap to Call This Lawyer
Patricia Ann Simmons

Patricia Ann Simmons

Law Office of Patricia A. Simmons
  • Elder Law, Estate Planning, Probate
  • California
Badges
Claimed Lawyer ProfileQ&ASocial Media
Summary

Practicing law since February 1994 in the areas of drafting wills, trusts, estate and trust administration, durable powers of attorney, conservatorship, guardianship, adoption, name change and family law. Public speaker at civic, senior and other community organization to discuss estate planning issues. Member of the State Bar of California and the Solano County Black Lawyers Association. Board member of the Solano Christian Academy and Secretary of the Solonao County Black Lawyers Association.

Practice Areas
  • Elder Law
  • Estate Planning
  • Probate
Fees
  • Free Consultation
    Free half hour consultation.
  • Rates, Retainers and Additional Information
    Hourly rate $375.00
Jurisdictions Admitted to Practice
California
Professional Experience
Attorney
Law Office of Patricia A. Simmons
- Current
Areas of law include: Drafting wills, estate and trust admininstration, conservatorship, guardianship and adoption. Family and Juvenile law on a case by case basis.
Attorney
Killian & Associates
-
Practice areas included: will drafting, estate administration and conservatorship. Representation of personal representatives or heirs/beneficiaries.
Education
University of California - Berkeley
B.A. / Psychology (1981)
University of San Francisco School of Law
J.D. / Law (1991)
Professional Associations
California State Bar # 169858
Member
- Current
Websites & Blogs
Website
Website
Website
Legal Answers
16 Questions Answered

Q. I have raised my grand daughter for 8 years, her mother walked off and left her. A few weeks ago my daughter took her .
A: Unfortunately, you did not seek a guardianship for the minor when she was in your care and custody. Without Letters of Guardianship the mother had the authority to take her daughter. At this point, unless there is physical abuse of your granddaughter, there is nothing you can do at this point.l In the future, if you have your granddaughter fin your care or an extended time and if it is appropriate, you should file for guardianship. If the minor is not in your care, you cannot file for guardianship.
Q. What is the proper method for an estate administrator to be reimbursed for administration expenses paid personally?
A: At the time you draft your Report and Account of Administrator, you will need to provide a detailed summary of all out of pocket costs you incurred. You will need to state the date, type of expense, reason and amount in an itemized summary. All reimbursements must be approved by the court. Therefore, you cannot reimburse yourself until the court has approved and issued an order for final distribution.
Q. How can I appoint someone custody of my son, in the event of my death?
A: You can designate a guardian for your minor son in your will or living trust. However, that person would need to petition the court in a guardianship proceeding in order to be appointed the guardian. Your nomination of that person carries significant weight with the court.
Q. What form should I use
A: If you are objecting to a supplement to the first and final account, you must draft your own objections on pleading paper. There isn't a form to use to object. You may wish to consult an attorney to assist you.
Q. My dad died today i am his only child and he was unmarried he had no will my his half sister is trying to take over
A: First, condolences on your loss. If he had no other children or a spouse, you are his sole next of kin. You should retain an attorney immediately to protect your rights and interest in this matter.
Q. Letters
A: The Letters are issued after the Judge signs the Order for Probate. The Letters are issued in the county where the documents were filed and the proceeding was heard. The Administrator is not hired but is appointed by the court. No, Letters cannot be approved in another court before the initial hearing. If there is a need for a special administrator, that petition must be filed in the county where the initial petition was filed. The Judge will decide if the situation is urgent and if so, appoint a Special Administrator.
Q. How can I get the deed of my late mother's house transferred to mine and my siblings names ?
A: If the total value of your mother's estate is over $150,000.00, that would include personal and real property, you will need to initiate probate proceedings to be appointed the administrator of your mother's estate, if she died without a will. If she did have a will, the named executor would begin these proceedings. The process is lengthy as there are numerous steps that must be taken before the real property can be transferred to the heirs. If the total value of all assets are less than $150,000.00 you would do a petition to determine succession to real and personal property. After you file all the necessary documents and obtain a court date, if your petition is in order, the matter should conclude at the time of your hearing. At the end of either of the aforementioned options, you and your siblings would have the real property transferred into your names.
Q. My adult son is under the conservatorship of his dad who is my ex-husband.
A: Yes, it is possible to petition the court to be appointed co-conservator. Is your ex-husband in agreement and are you two on good terms? You should discuss it first with your ex-husband and seek independent counsel to guide and represent you through the process.
Q. I can't get bonded to come Executor what are options?
A: You can either get waivers of bond from all the beneficiaries. Or you can amend your petition to request that you have no authority. This would mean that every action you take would require court confirmation, such as the sale of real and personal property, or any other action that normally the executor would have full authority to under take.
Click here to see all answers
Social Media
Contact & Map
PO Box 33360
Fairfield, CA 94533
USA
Toll-Free: (800) 811-9080
Telephone: (707) 422-8800
Fax: (707) 654-8926