Probate Appraisal in California

[LA Woman]

I have an heir calling to order a probate appraisal for her fathers estate. Am I correct in thinking that the probate atty or judge has to order?

The heir was told by pre-paid legal only that she needs to get an appraisal.

Thanks Forum!!

 

[Flygirl 152]

I have an heir calling to order a probate appraisal for her fathers estate. Am I correct in thinking that the probate atty or judge has to order?

The heir was told by pre-paid legal only that she needs to get an appraisal.

Thanks Forum!!

My attorney clients usually ask their client to call and order the appraisal. I rarely deal directly with the attorney, they are just too busy to deal with the ordering process. When the individual calls me, I explain on the phone that there is a letter of engagement (4 pages) that they have to sign and that payment is due when they meet me at the property. I usually email them the engagement letter first so they can review it, then I bring 2 copies to the appointment, make them sign both...I keep one and give one to them.

 

[gregb]

My attorney clients usually ask their client to call and order the appraisal. I rarely deal directly with the attorney, they are just too busy to deal with the ordering process. When the individual calls me, I explain on the phone that there is a letter of engagement (4 pages) that they have to sign and that payment is due when they meet me at the property. I usually email them the engagement letter first so they can review it, then I bring 2 copies to the appointment, make them sign both...I keep one and give one to them.

Agree with Flygirl, the estate planning atty has their client call me to order the appraisal. But, probate has never been involved, so that may make a difference on ordering the appraisal.

 

[Tim The Enchanter]

I'd just state the attorney and judge in the case are intended users.

 

[nstanbru]

If there is a will (not a trust) left by the person who passed away, it must go through probate. In almost all cases, the probate judge or referee will order the appraisal. If the property is owned by a trust, then it is most likely the estate planning attorney who prepared the trust will order the appraisal.

 

[Flygirl 152]

If there is a will (not a trust) left by the person who passed away, it must go through probate. In almost all cases, the probate judge or referee will order the appraisal. If the property is owned by a trust, then it is most likely the estate planning attorney who prepared the trust will order the appraisal.

I do not believe there is any rule or law who orders the appraisal. I've also done appraisals for bail bonds, and the attorney directed the homeowner to call me directly in those cases as well. The appraisals are then reviewed in court. No one has ever contacted me and told me that the appraisal has to be ordered by the attorney.

 

[nstanbru]

I do not believe there is any rule or law who orders the appraisal. I've also done appraisals for bail bonds, and the attorney directed the homeowner to call me directly in those cases as well. The appraisals are then reviewed in court. No one has ever contacted me and told me that the appraisal has to be ordered by the attorney.

This is a totally different situation. I too have done appraisals for bail bond companies. You're correct, in that they are ordered by the attorney or by the bond company. The property is being used as collateral for the money the bond company is providing and for the bond guarantee. When a will is going through probate, it is done through the probate court. A judge or referee is appointed to handle the probate and, if there is property involved (real or personal), appraisals are ordered by the court. They are not ordered by an attorney who may have prepared the will. Property held by a trust is a whole different matter. In these caes the attorney who is handling the trust will order the appraisal. In some cases, they might have the beneficiaries of the trust contract directly with an appraiser.

 

[Ca Ar Independent]

I'd just state the attorney and judge in the case are intended users.

Is it not the call of the party who engages my services? I do a fair amount of private work for estate purposes and the heirs or executor(s) are the ones who hire me. I ask them who the intended user(s) is, (are), the specific client name for the report and specifics on delivery. I believe that since they are my client, it is up to them as to who the intended user of the report is. They are of course, free to distribute copies as they choose. I have yet to have an attorney call me requesting me to add them as an intended user.

 

[LA Woman]

Ok, I'm confused now and not sure how to handle.

 

[Rich Heyn]

Is it not the call of the party who engages my services? I do a fair amount of private work for estate purposes and the heirs or executor(s) are the ones who hire me. I ask them who the intended user(s) is, (are), the specific client name for the report and specifics on delivery. I believe that since they are my client, it is up to them as to who the intended user of the report is. They are of course, free to distribute copies as they choose. I have yet to have an attorney call me requesting me to add them as an intended user.

For the sake of discussion, what if the client asks you to add a party (as intended user) with whom you are not familiar, such as siblings?