The scenario - A client lists property with you that was owned by a decedent who did not have a trust, but your client fails to tell you that they have not opened probate on the estate. You have a buyer for the property, have scheduled a 45 days escrow, and realize that your client does not have authority to sell the property.

What next? Generally, it will take at least 4-5 weeks after filing the Petition for Probate with the court before the first hearing will be scheduled. If all goes as planned (there are often issues that arise to prolong the process) the personal representative will receive Letters Testamentary at that hearing, giving them the authority to sell the property.

The next step is to file a Notice of Proposed Action, noticing the court and all beneficiaries with the details of the sale. A fifteen day notice period is required before the sale can be completed. 

This entire process can take up to 8 weeks to complete, which means your 45 day escrow is blown and the possibility of losing the buyer becomes a very real issue.

You can petition the Court to grant a Special Administration, issue letters with limited authority to the petitioner, allowing the sale to proceed. Generally, a Special Administration is requested for urgent matters. In this instance, you can claim preservation of the estate as the reason for the court to grant the Special Administration. The court could rule that the failure to open a probate before listing the property does not rise to the required level of “urgency’ for a Special Administration. 

When listing a house of a decedent, always determine if the house is titled to a trust or if a probate must be opened before the house can be sold. You will save yourself and your client from experiencing the delay of probate at a time when you cannot afford such a delay; not to mention the added expense of filing a Special Administration petition in addition to the standard Probate petition.

I recommend anyone that purchases a home create a trust which, if drafted correctly, will allow for avoidance of the probate process all together.

Probate Fees in California:

Probate fees are set by law [Probate Code Section 10800]   as follows:

            4% of the first $100,000.00                          

            3% of the next $100,000.00                          

            2% of the next $800,000.00                          

            1% of the next $9 million                             

            1/2% of the next $15 million             

Henry, an elderly Alzheimer's patient in an American nursing home, recently became a viral star. In a short video that has been viewed millions of times online, he starts out slumped over and unresponsive — but undergoes a remarkable transformation as he listens to music on a pair of headphones.

A documentary called Alive Inside, which follows social worker Dan Cohen as he creates personalized iPod playlists for people in elder care facilities, hoping to reconnect them with the music they love. Cohen tells NPR's Melissa Block that the video of Henry is a great example of the link between music and memory.

"He is able to actually answer questions and speak about his youth, and this is sort of the magic of music that's familiar for those with dementia," Cohen says. "Even though Alzheimer's and various forms of dementia will ravage many parts of the brain, long-term memory of music from when one was young remains very often. So if you tap that, you really get that kind of awakening response. It's pretty exciting to see."

Cohen says his goal is to make access to personalized music the standard of care at nursing facilities. An early concern, he says, was that headphones might isolate the patients even further. But when he first implemented the project on a large scale in 2008, putting 200 iPods in four facilities around New York, he got the opposite result: a flood of stories from the staff about increased socialization.

"People wanted to share their music with others: 'Here, you've gotta listen to this,' or 'What was the name of that song?' “Cohen says.”The music is great, but to me, perhaps the even bigger win is people having better and more relationships with those around them."

Dan Cohen's Tips On Music And The Elderly

Get the playlist right. Find out the person's tastes and create a varied mix: no more than five to seven songs per artist. Have them weed out tracks that are so-so, so you end up with 100 or 200 songs that all resonate.

Keep it simple. Make sure the elder knows how to use the player, or that someone nearby can help. Use over-ear headphones rather than earbuds, which can fall out.

Be patient. It can take time to reach the music memory. If the person is responding, feel free to sing along. If someone doesn't like the headphones, try a small speaker at first and incorporate the headphones gradually over time.

Keep it special. Don't leave the player on all the time. Nursing homes are finding it works well during transitions: If someone is hesitant to take a bath or eat or get dressed, music may help move things along.

Cohen admits that the realities of funding and staffing mean that not all nursing homes will have the appetite for this level of individualized care. However, he points out that the pace of technological advancement is making iPods cheaper and easier to round up.

"My goal has been to find ways of bringing the cost down to zero," he says. "Since there have been so many generations of new digital devices that come fast and furious, we have the old iPods — many of us in our drawers at home — so let's bring them in. On Long Island, there are five school districts that are running iPod donation drives."

Cohen says that, ultimately, the project is about helping people remember who they are.

"When you leave your home, you leave your family, you leave your surroundings and you go into a new environment; it's tough," he says. "So anything that you can maintain or stay connected with that relates to you is helpful. And what's more core to your being than music?"

The Alzheimer’s Association welcomes and is supportive of all persons regardless of age, race, gender identity, class, ethnicity, sexual orientation, language, physical ability or religion.

Many lesbian, gay, bisexual and transgender (LGBT) people have experienced difficult and alienating relationships with family, friends, employers and service providers. Some have felt the need to move away from their families of origin, to stay in the closet or to distance themselves from discriminating and prejudiced situations. Yet, LGBT people are more likely to become caregivers for a partner, friend or biological family member. While caregiving can be rewarding, it can also be isolating.

It is important for you and your loved one to have legal and financial documents in place to establish your wishes for care as the disease progresses. Legal plans are especially vital for the person with dementia. Medical and financial powers of attorney and hospital visitation authorizations are best filed in advance while the person is still able to make decisions.  Complete your own documents to ensure your loved one will be cared for should something happen to you. Contact the Alzheimer’s Association for legal referrals.

The Alzheimer’s Association has support available for everyone 24 hours a day, 7 days a week at:   1-800-272-3900 or www.alz.org