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Howard E. Kane

Howard E. Kane

UC Hastings Law School 30+ Years Exp. Probate/Real Estate Sales/Estate Planning
  • 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 to 1990 and began practicing law in 1990. I have also been a licensed California real estate broker since 1996.

My practice areas include probate and trust administration, real estate sales, and estate planning. Estate plans are crafted through client worksheets, interviews, and state-of-the-art Nexis/Lexis 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

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
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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Certifications
Real Estate Broker - Credential ID DRE No. 01206186
California Department of Real Estate
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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Jurisdictions Admitted to Practice
California
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Fees
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
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
Languages
  • English: Spoken, Written
Legal Answers
Q. I have purchased the NOLO press app for doing your own trust but friends are telling me that it may not be accepted i
A: The devil is in the details with the Nolo software as well as other self-help software. One very common problem that I see is the proper funding of the trust. Once the trust document is prepared, all assets need to be properly funded into the trust. Nolo and other self-help software programs do not assist with the actual funding of the trust. For example, the most common asset to fund into a revocable living trust is your family home. One good reason to fund your home into the trust is to avoid the probate process. To properly fund your home into the trust, a Trust Transfer Deed needs to be prepared, notarized, and then recorded at the county recorder's office in the county where you reside. While Nolo can be helpful to prepare the most simple of trusts, it provides little or no guidance on how to properly transfer the property into the trust. In addition, every family has special circumstances that should be addressed in the trust document. Some of these special circumstances are flushed out while consulting with an experienced estate planning attorney through a proper interview process. This cannot be accomplished with self-help software.
Q. Any interested party can request removal of an administrator? So if I am a sister in law can I petition the court?
A: It will be more air-tight if your husband or one of his siblings petitions for the removal of the existing administrator per Probate section 8500 and at the same time, nominates you as the successor per Probate Code section 8520. Here is a link to the code sections: https://law.justia.com/codes/california/2007/prob/8500-8505.html#:~:text=8500.,(commencing%20with%20Section%208520).
Q. Does each beneficiary have to sign a petition to have the administrator removed ? Do all 6 have to be in agreement?
A: No. According to Probate Code section 8500, any interested party can petition the court to remove an administrator. The language of section 8500 is as follows: 8500. (a) Any interested person may petition for removal of the personal representative from office. A petition for removal may be combined with a petition for appointment of a successor personal representative under Article 7 (commencing with Section 8520). The petition shall state facts showing cause for removal. (b) On a petition for removal, or if the court otherwise has reason to believe from the court's own knowledge or from other credible information, whether on the settlement of an account or otherwise, that there are grounds for removal, the court shall issue a citation to the personal representative to appear and show cause why the personal representative should not be removed. The court may suspend the powers of the personal representative and may make such orders as are necessary to deal with the property pending the hearing. (c) Any interested person may appear at the hearing and file a written declaration showing that the personal representative should be removed or retained. The personal representative may demur to or answer the declaration. The court may compel the attendance of the personal representative and may compel the personal representative to answer questions, on oath, concerning the administration of the estate. Failure to attend or answer is cause for removal of the personal representative from office. (d) The issues shall be heard and determined by the court. If the court is satisfied from the evidence that the citation has been duly served and cause for removal exists, the court shall remove the personal representative from office.
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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.