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Patricia Ann Simmons

Patricia Ann Simmons

Law Office of Patricia A. Simmons
  • Elder Law, Estate Planning, Probate
  • California
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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 $400.00
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 San Francisco School of Law
J.D. (1991) | Law
University of California - Berkeley
B.A. (1981) | Psychology
Professional Associations
California State Bar # 169858
Member
- Current
Websites & Blogs
Website
Legal Answers
20 Questions Answered

Q. How can I get power of Attorney for my ex husband after his stroke? He doesn't understand & can not write
A: Unfortunately, since your ex-husband suffered a stroke and currently cannot understand, he cannot execute a power of attorney. You should contact a probate attorney who handles conservatorships, to have an conservatorship established for him, to preserve his finances and his assets.
Q. I am the administrator for my brother's estate. When can I sell his vehicle?
A: You may sell the vehicle after the probate referee has appraised all the estate's assets. If you have full authority, you can sell after you receive the appraised value of the vehicle. If you have limited authority, you may need court approval to sell assets. Contact a probate attorney to discuss your options.
Q. How do I petition the court to start the probate process for my deceased mother? She had no will.
A: You should immediately contact a probate attorney to assist you. If your mother did not have a will, you and/or any one of your other siblings could have started the process. Someone should have notified the bank shortly after your mother passed so that the account could be frozen until someone had been appointed the administrator. If no one is making the mortgage payments, the home could be at risk for foreclosure. In addition, the leased car should be returned if none of the siblings can assume the lease. Yes, you can request an accounting of the funds from the date of your mother's death until the time an Administrator is appointed. Call a probate attorney as soon as possible to preserve the estate's assets.
Q. As one of the five heirs in my father's will, which is currently in probate, am I entitled to a list of his assets?
A: The executor must file an inventory and appraisal of all the estate's assets. If you file a Request for Special Notice, to receive all documents filed in the matter, you can attach a copy of the Inventory and Appraisal to your request for an advance from the probate lending company. You can always go to the clerk's office to review the file and request a copy of the Inventory and Appraisal, if the executor has filed one.
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.
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Contact & Map
PO Box 6251
PO Box 6251
Vallejo, CA 94591-6251
USA
Toll-Free: (800) 811-9080
Telephone: (707) 422-8800
Fax: (707) 654-8926