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Jonathan Purcell

Jonathan Purcell

  • Bankruptcy, Estate Planning, Tax Law ...
  • California
Claimed Lawyer ProfileQ&A
Practice Areas
    Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief
    Estate Planning
    Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
    Tax Law
    Business Taxes, Criminal Tax Litigation, Estate Tax Planning, Income Taxes, International Taxes, Payroll Taxes, Property Taxes, Sales Taxes, Tax Appeals, Tax Audits, Tax Planning
    Real Estate Law
    Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
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US District Court, Northern District of California
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US Tax Court
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  • Chinese: Spoken
  • English: Spoken, Written
University of California Hastings College of the Law
J.D. (2000) | Tax, Estate Planning, Intellectual Property, Business
Honors: Tax Law Concentration
Activities: Symposium Editor, COMM/ENT Law Review
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Professional Associations
State Bar of California  # 215307
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Websites & Blogs
Estate Planning & Tax Law | Probate | Trust Administration | Taxation | Real Estate
NorCal Tax Law | Asset Transactions | Asset Protection
Petaluma Estate Planning Law | Probate | Trust Administration | Taxation | Real Estate
Legal Answers
33 Questions Answered
Q. I live in a house that was gifted to me. If I sell this and buy a new home will it still be considered separate property
A: I suggest you contact an attorney before you sell your house, or transfer the proceeds of a sale into a bank account. In general, separate property that is commingled with another person, such as money in a joint bank account, may not be considered as separate property after it is commingled, because the property lacks traceability. Issues of traceability may not be obvious. There should be an accounting for certain items such as the allocation of joint mortgage payments and improvements contributed by your spouse. If the house is in your name, the proceeds from a sale of the house should be deposited in an individual account in your name to maintain traceability. You should be on title for any subsequent property purchased with funds from previous properties or bank accounts..
Q. My daughter left no will but had made me beneficiary of all she had. Do I need to go to court for anything?
A: Bank and life insurance should pass through beneficiary designation by providing to the relevant institutions a certified death certificate and your credentials. Assuming that the house was held in joint tenancy, You will need to file AFFIDAVIT - DEATH OF JOINT TENANT, a Preliminary Change in Ownership (PCOR), and provide a certified death certificate. If the house was held by your daughter as an individual, or as tenants in common, most likely you will need to hire a probate attorney.
Q. What is the best way to remove my mother in law and deceased Father in law from my deed.
A: In general, the Statute of Frauds requires that certain transactions must be in writing. See, California Civil Code Section 1624(a)(3) This posting does not create any attorney-client relationship. The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. For specific advice about your particular situation, please consult with your own attorney. This posting is not intended to constitute an advertisement or a solicitation.
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Contact & Map
NorCal Tax Law
40 FOURTH ST. STE. 211
Telephone: (707) 694-7213