John B. Palley

I have been practicing estate and probate law since 1994. My practice is 100% focused on California probate court cases only. I pride myself on efficiency and answering my client's questions within minutes rather than days. I am a Certified Specialist in Estate Planning, Trust and Probate Law. I have highest ratings on numerous websites including Martindale Hubbell "AV" rated, AVVO "10.0" rated, and am a "Superlawyer." I also am a past Sacramento Bee estate and probate "expert." I speak on estate and probate law to professional groups and have been quoted in numerous articles on the subject. I am happily married, a Rotarian since 2008, and missing the days when I used to coach the kid's sports teams in Roseville!

McGeorge School of Law, University of the Pacific

J.D. (1994) | Legal Studies

California State University at Sonoma

B.A. (1991) | Major: International Business; Semester in London 1989

Honors: Deans List

California estate and probate attorney

CunninghamLegal

2024 - Current

Attorney

Meissner, Joseph & Palley, Inc.

1999 - 2024

Attorney

John B. Palley, Attorney at Law

1994 - 1999

Ask an Expert

Sacramento Bee

January 1, 2009

Certified Specialist in Estate Planning, Trust and Probate Law

State Bar of California Board of Legal Specialization

Super Lawyer

Super Lawyers of Northern California

2014

Super Lawyers selects approximately the top 5% of attorneys for standing out in their field.

10.0 Rated

Avvo.com

2010

AVVO has become an industry leader and their 10.0 rating is the highest offered among attorneys.

AV Rated

Martindale Hubbell

2008

Martindale Hubbell has been rating lawyers for about 100 years and the "AV" designation is their highest.

Rotary Club of Roseville

Member

2007 - Current

Activities: The Rotary Club of Roseville has been awarded as being an international leader in the Rotary world and is active locally and internationally to make our world a better place.

Sacramento Estate Planning Council

Member

1995 - Current

Activities: The Sacramento Estate Planning Council is one of the oldest and most esteemed, of it's type, in the area.

California State Bar  # 173469

Member

1994 - Current

California State Bar Trusts and Estates Section

Member

1994 - Current

Activities: A leader in legislative reform and education in the areas of trust and estate law in California.

California

Since 1994

• Free Consultation
• Credit Cards Accepted
• Contingent Fees
  In select cases.
• Rates, Retainers and Additional Information
  I offer both flat fee and hourly fee arrangements in different cases.

Q. My mother and her husband died, am I supposed to pay for the mortgage because I am the only one living at the house?

March 19, 2024

A: I would say that is a pretty common arrangement. In lieu of “rent” you would pay the mortgage and utilities. Of course this is a general answer and each situation is unique. If the mortgage is significantly more than fair market value rent than perhaps some other arrangement would be more fair to everybody. Again, each case is unique and fact specific!

Good luck!

Q. Is formal probate the only option to transfer title on 50 yr old mobile home that was appraised at 240k, in ca

May 31, 2023

A: I believe mobile homes are exempt from the normal probate rules and dollar limits. If you see California Health and Safety Section 18102 you can see the small estate rules. A small estate affidavit should work. If the pad is owned that will be a further issue as that will require some type of probate court involvement. That is, the pad and the mobile are separate. An experienced California probate attorney should be able to assist without great cost.

Q. Does the bank have to give me access to my mothers account since I’m the only here next of kin or beneficiary

February 25, 2023

A: No. The bank does not have to give you access just because you are next of kin. Is there a will? Is there a trust? Is there a POD or joint owner on the account? All of those things will be considered. If you are the next of kin and there is no will or trust and there is no joint owner or POD then I would think you could get access to the account 40 days after death by presentation of a death certificate and a completed small estate affidavit... IF the account (and all other assets subject to probate) is below the current Probate Code 13100 amount which is $184,500. Good luck! -John Palley