Probate

What is Probate?

                Probate & Decedent’s Estates.  Probate is a general term describing the process by which a deceased person’s assets, including real estate, are transferred to the decedent’s beneficiaries.  The two main ways in which assets are transferred to beneficiaries are either (i) through a decedent’s Last Will and Testament or (ii) through operation of law.  Transfers through a decedent’s Last Will and Testament usually require a formal probate administration which is overseen by a Court.  Transfers by operation of law take many forms (joint tenancy, trusts, beneficiary designations, et al.) and usually do not involve or require Court oversight.

 

                Real Property Transfers Involving Probate or Decedent’s Estates.  Transfers of ownership or sales involving the real property titled in the name of a deceased person require special care because the owner is no longer available to confirm the transfer.  It is always important to consult an appropriate real estate or legal professional (or both) with specialized knowledge in this area to make sure that any real estate transfer or sale is done.

 

When it comes to Probate, I have a wealth of knowledge, resources and experience to help you.

 

From the start of my real estate career-back in the mid-1980’s I have specialized in the sale of properties being sold under the jurisdiction of the California Probate Code.

 

I made it a point to become an expert in ‘probate sales’ so that I could help a lot more families, after they had lost a loved one, and had a property that needed to be sold.

 

For over 30 years now, I have been the ‘go to’ resource for several dozen local attorneys that have recommended me to their clients.

 

If I can help you-or someone you know, please feel free to contact me.

 

 

 

OUR PROBATE AND ESTATE REPRESENTATIVE CLIENTS SAY IT BEST!


As a result of my professional involvement in complicated legal transactions, I have had the privilege to become well acquainted with Mr. Don Pelletier. Mr. Pelletier was not only of tremendous assistance to me, I also found him to be thorough, well prepared and extremely pleasant to work with in situations which required immediate attention.

I would not hesitate to recommend Mr. Pelletier and can do so with confidence that he will continue to maintain the fine qualities that I observed.”

-Bruce M. Beals, Esq.
Family Law Attorney and Judge Pro-Tern


 

I am a Probate Attorney in San Diego. Many of the estates I represent involve real estate, and so I deal with real estate professionals on a daily basis. When it came time to sell my own home, however, Don is who I chose to retain to deal with the listing. I also retained him to deal with the purchase or sale of three other properties. He’s the guy who folks in the know go to; it’s as simple as that. Don is the best.

Russ R. Attorney 


I can say, without qualification, that common through all these matters is Mr. Pelletier’s professionalism, attention to detail, courtesy and through knowledge of the subject matter, so much so, that I have difficulty rationalizing the use of any other real estate broker.

I count my professional relationship with Mr. Pelletier to be one of my greatest assets in my trust and estate administration practice.

-Kevin Kravets
Attorney at Law, Carlsbad, CA

 


3 YEARS AGO, DON WAS REFFERED TO ME THROUGH A FRIEND, AFTER MY MOTHER HAD PASSED AWAY, AND AFTER I HAD WASTED 2 YEARS TRYING TO SELL MY MOM’S HOME. DON WAS HONEST AND TOLD US OUR ASKING PRICE WAS WAY TOO MUCH, IN THE BAD ECONOMY, AND IN THE TWO YEARS WE WASTED, THE PRICE HAD BEEN COMING DOWN. DON HAD IT SOLD FOR US IN LESS THAN 2 MONTHS. WHEN MY SON, JOHN, WANTED TO SELL HIS HOME, WE AGAIN ASKED DON TO HANDLE IT. JOHN LIKED DON BECAUSE HE SEEMED TO CARE ABOUT HIS NEEDS. HE FOUND HIM TRUSTWORTHY, AND THE FAST SALE AND ESCROW WENT JUST AS DON PREDICTED. HE AND HIS PEOPLE WERE ALWAYS HELPFUL. THANK YOU!

L. Miller, San Diego

 


As a professional fiduciary, I have had the privilege of working with Don Pelletier on the sale of numerous properties over the past 10 to 15 years. He and his team have always been dedicated, efficient, and pleasant to work with. Don clearly knows the market throughout San Diego County, understands the nuances of trust and estate sales, and is helpful in coordinating vendors. Additionally, he has occasionally had to communicate with tenants or beneficiaries who were less than happy to be vacating the property to accommodate the sale; he does so with grace, patience, and professionalism at all times. I would highly recommend Don Pelletier to anyone looking for a professional, highly experienced real estate agent, but especially for those serving in a fiduciary capacity to buy or sell property.

–Jennifer Hans-Hans Probate

 


Dear Don:

I just wanted to say thank you so much for all of the work that you did for me in selling the property on Haidas Ave. This has been an extremely difficult year for me since my father passed away. Being in a different state was hard, too. I appreciate your patience and help in getting things rolling as far as getting the house transferred from my father’s name to mine, and then getting it on the market to be sold.

I thank you, too, for being sensitive to my feelings, as this house meant a lot to me, since I grew up in it from the time I was 3 years old, until adulthood. It was a hard decision for me to sell in the first place, but I feel that you helped make the transition much smoother for me. You returned all of my long-distance calls promptly, and answered my questions, some of them which were probably dumb, in terms that I could understand.

Please know that I could not have done this without you, and that when my friends, the Pepper’s visit me, I will have them over for a nice dinner, and thank them for referring me to you. If you are ever in Colorado, please don’t hesitate to call, as I feel as if I know you, even though we never met face to face.

Thank you again for all of your help.

Sincerely,

Mary Miller

 

Calhan, Colorado


“I am a probate attorney in Carlsbad, California, and my practice focuses exclusively on estate, probate and trust administration matters. I have known Don Pelletier for over five years related to my practice, and I have worked with him on nearly one dozen matters, ranging from valuation of property to sales of property involved in complex litigation.

 


On behalf of my family and myself I would like to extend our sincere thanks to you and your staff for the quick sale of my deceased brothers’ property. Your knowledge and insight into the ever changing market conditions were key to this timely sale.

Your professional and caring manner throughout this process was much appreciated. Given the circumstances that brought me to you, the patience and understanding you extended to me was much needed and beyond my expectations. I would not hesitate to recommend you to anyone for their real estate needs.

Thank you again Don, it was a pleasure to work with you.

-Laurie W, HILLCREST

 


“I cannot begin to thank you enough for the outstanding efforts you put forth in selling the homes in the probate estates assigned to me. Both had to be sales from hell, however, you were able to solicit buyers and close escrow despite what seemed to me to be never ending problems. Your weekly status reports and frequent telephone calls kept me up to date on your marketing progress was greatly appreciated. Further, I am convinced that your recommendations on improving the marketability of the home, was the key factor in its sale. Best of all, I appreciated your friendly and courteous attitude, your patient demeanor, and your professionalism. For these reasons I intend to refer my customers to your office. I am thoroughly satisfied with your service and will not hesitate to refer my clients and friends to you.”

-Helen A. Larson
Paralegal and Trustee

 


“When my mother recently passed away, we were left with two houses which we needed to sell. Being a real estate Broker myself I was quite concerned as to who my family would select to represent us in the sale of both homes. They left the decision to me. I knew exactly the right questions to ask when interviewing other Brokers, as well as the necessary attributes required to get the job done correctly and in a timely manner. Selecting the very best agent possible was extremely important due to the slow real estate market. Several people told us that you had the best reputation of any agent in the area, so I had high expectations. However, after working with you, I can honestly say that the quality of service you and Gerri provide far exceeded my expectations. You kept me updated regularly with frequent phone calls, letters and faxes. As problems arose in the transaction, as they inevitably do, you brought them to my attention and offered effective solutions. I especially appreciate the way you looked out for our best interest at all times, as well as the compassion and understanding you showed to my family and I during difficult times. Homeowners in the area are indeed fortunate to have an agent of your caliber to handle their real estate transactions. You and Gerri are without peers! Your follow up, communications, attention to detail and concern for your clients is admirable. And, as if this wasn’t enough, you sold both houses in less than 30 days!”

-Linda Windeguth
Real Estate Broker

 


Just a quick note to express our sincere gratitude for the services that you and your team provided in the sale of our mothers property. The quality of the service that we received was nothing short of outstanding thanks to you, and the rest of the Don Pelletier team. As someone who has been through a number of property transactions myself-from both a buyer’s and a seller’s perspective, and  I would rate you and your team right up at the top.”

-Michael M. Oglesby
Clairemont

 


 We asked Don to help us sell the house we inherited from our folks. The place was in a sorry state of disrepair. Don appraised the property for us in “as is” condition and advised us of what we could expect the value to be if we made various repairs, clean up and improvements. He offered us referrals and cost estimates for the various options so that we could make well informed decisions. He made himself freely available to answer our questions and offer advice. He worked closely with us, taking into account our personal requirements. Don is well connected with investors. After giving the green light to offer the house for sale, Don initiated a bidding war which within hours ended up bringing in substantially more than we reckoned the value to be. After our accepting the most
generous offer, Don stayed with us to help us through the escrow and we closed and had cash in our hands within 2 weeks. I’ve bought and sold a number of houses and have never been more satisfied with the service, professionalism and personal attention than Don offered us. I wouldn’t hesitate to use him again or to recommend him highly.

-Randy Dorian,
San Diego

 


Dear Sir or Madame:

I and my company have ‘personally known and utilized the real estate services of Don Pelletier for more than eight (8) years and am honored to write this letter of recommendation.

My company is a paralegal firm specializing in trust management, fiduciary matters and probate. We work with numerous attorneys throughout the San Diego, Orange, and Los Angeles counties. Over the years we have been instrumental in the sale/purchase of many properties. It has also been our misfortune to employ real estate agents who are not familiar with the idiosyncrasies of the sale of real property pursuant to the California Probate Code.

Eight (8) years ago when we first had the pleasure of working with Don on a probate sale we assumed that he was just another agent who didn’t know and didn’t care about the particulars of a probate sale. Thankfully we were wrong. Don proved himself to be knowledgeable, bright and aggressive in the sale of property. He knew the aspects of a sale under the jurisdiction 6f the probate court. Furthermore where others would sit back and count their commissions and argue over escrow instructions, Don aggressively pursued the sale to obtain an over bidder and increase the net to the estate.

Additionally, it has been our pleasure doing business with Don Pelletier because he pays attention to the sale until after escrow closes thereby resolving most of the problems, if any, before we are even aware that they exist. His diligence allows us to spend time on other matters rather than having to continuously oversee his work.

We have recommended Don to numerous Probate clients and have never heard anything but praise for his work. Accordingly, due to Don’s hard work and diligence when dealing with our clients
he has enhanced our practice.

Additionally, I have used Don for the purchase of my own residence and discovered from ~ different prospective that what my clients and friends had been saying was true … Don is fantastic!

If you have any questions relative to Don Pelletier’s expertise with regard to the sale of real property, please do not hesitate to contact me.

Very truly yours,

CALLAHAN, RYAN, O’ROURKE & COMPANY

 


Don,

I want to let you know what a pleasure it was working with you selling my mother’s house last month. As you know, last year I sold her mobile home in Carlsbad. The difference in the quality of service was like night and day. You were always prompt in appointments, phone calls and emails.

You were able to provide referrals for clean-up, gardening and contracting services. All the providers did an excellent job and were fair in their prices. You kept my brother and I advised at all
times on the progress of the listing, potential buyers and finally, the escrow process. You explained everything in a manner I could
understand and were patient when I needed further explanation. You provided your opinion, when asked, as to what we could do about fixing up the property and did not even say “I told you so” when we went against your advice and it worked out as you said it would.

I know from my last experience that it is not always anything close to how you made this work. Your professionalism and empathy made selling her house much easier on me and my family. If you ever need a verbal referral, please have any future clients feel free to call me. Thank you so much. Judy Terhune, Lake Forest, CA