FAQs

The primary responsibility of the attorney is to represent the representative in Court (open/close the estate, handle claims and Will contests, and all Court proceedings) and advise the Representative how to fulfill his duties without incurring liability for errors or failure to take certain required actions timely.  County Counsel is the attorney for the Public Administrator and acts on its behalf for all Court appearances and other legal matters.

Attorney fees are based on the statutory schedule as previously discussed, or a reasonable standard (time spent, risks and responsibilities, results achieved).  The fees customarily charged are comparable to those of a private attorney for estates of similar size and complexity.

The beneficiary is kept advised via legal notices of the location, date and purpose of hearings.  You may receive notices regarding sale of real property, heirship petitions and other pertinent legal matters.  It is not necessary to attend these hearings, simply an option.

If the item of personal property has been valued by the probate referee, the estate is solvent, and all entitled beneficiaries have agreed in writing, a beneficiary may be distributed an item in kind. This means that if the beneficiary is also entitled to a cash distribution they will receive their statutory share minus the value of the item of personal property. If there is no agreement, the item will be placed for sale and any beneficiary will have the opportunity to purchase it at public auction.

It is difficult to give a specific answer as to exactly when distribution will take place since so many factors are out of the control of the Public Administrator. The length of time for case investigation, administration of estate (sale of personal and real property), determination of heirship, final accounting and distribution of assets is from 12 months (an all cash estate) to 18-24 months for the average case (some cash, bank accounts, and stock, real property). Since Court approval is mandatory for particular actions, some time periods are simply "wait time" to be heard in Court.  We, as any private attorney, must request and then be assigned a calendar date. We have finished our work when there are no longer any assets in the name of the decedent or the estate and any court administered estate has been closed. For your won peace of mind, do not plan your financial affairs upon the expectation that you will be receiving a certain amount on a certain date.

If you actually paid any debts of the Decedent or incurred charges directly connected with the Decedent's death or paid any part of the funeral expenses, you must file a Creditor's Claim within four (4) months after the initial appointment of the Administrator.  Creditor Claim forms may be obtained from the Superior Court of California (Civil Division) or you may contact the Deputy Public Administrator to obtain one.

Anyone with a legal interest in an estate may retain legal counsel. County Counsel represents the Public Administrator in the administration of the estate. If, however, your right to inherit is not clear, or substantial claims affecting the whole inheritance have been filed, you may choose to retain legal counsel to represent your special interests.The fees for such attorney representation are a matter for private agreement between you and your attorney and they are not charged against the estate.

It is suggested you consult with your tax professional if you have specific questions regarding your tax liability.

If you are out of custody the court will make the determination if you qualify for the services of a Public Defender after you have completed a financial form, under penalty of perjury. In general, if you are in custody the court will automatically appoint a Public Defender unless you have already retained the services of a private attorney.  If you obtained private counsel but are unable to afford continued services, notify the court and request that a Public Defender be appointed.

No.  By default, the search results will show matches for any word within the phrase.  In this example, you would receive results for all web pages and documents that contained either the word alarm or the word permit or both.

In order to search on an exact phrase, enclose your search phrase in quotations.  The search results for "alarm permit" will show matches for that exact phrase.

The Total Amount Due is payable in two installments:

1. The 1st installment is due on November 1, and is delinquent at 5:00 p.m. December 10, after which a 10% penalty attaches.
2. The 2nd installment is due on February 1, of the following year and is delinquent at 5:00 p.m. April 10, after which a 10% penalty and $20 cost attach.
3. To pay both installments at the same time, remit the total amount due with both installment payment stubs by December 10.
4. If December 10 or April 10 falls on a Saturday, Sunday, or a legal holiday, no penalty is charged if payment is made by 5:00 p.m. on the next business day.

Although you do not need a payment stub to pay your taxes, you can order a duplicate tax bill by calling 530-842-8340 or by visiting our office.

The 2009/2010 state budget suspended funding for the Gonsalves-Deukmejian-Petris Senior Citizens Property Tax Assistance Law, which provides direct cash assistance. The Franchise Tax Board (FTB) will not be issuing Homeowner and Renter Assistance (HRA) Program instruction booklets and will not accept HRA claims for the 2009 claim year. For the most current information on the HRA program, go to http://ftb.ca.gov and search for HRA

If you disagree with a change in the assessed value as shown on the tax bill, you have the right to an informal assessment review by contacting the Assessor’s Office at 530-842-8036 or toll free at 1-888-854-2000-8-8036. If you disagree with the result of the informal review, you have the right to file an application for reduction in assessment for the following year with the Siskiyou County Assessment Appeals Board during the period from July 2 to November 30 inclusive. The Assessment Appeals Board is located at the County Clerk's Office, 311 Fourth Street, Room 201, Yreka, California 96097.

Application for review and equalization of an assessment made outside of the regular assessment period must be filed with the Clerk of the Assessment Appeals Board no later than 60 days after the receipt of the "Notice of Escape Assessment" or the tax bill for the assessment. Receipt by the assessee of a tax bill based on an assessment made outside of the regular assessment period constitutes a notification of such assessment. (Section 1605 RTC)

Ponderosa pine, Jeffrey pine, and pinyon pines are most impacted by bark beetles, but many trees have died just from lack of water in the recent drought. Most other pine species, white fir and incense-cedar are also heavily impacted by the prolonged drought and by bark beetles. There is also an increase in tree mortality among oaks, although it is primarily attributed to drought, not bark beetles.

In bark: Look for reddish-brown pitch tubes. These ½-¾ inch blobs of sap on the outside of a tree trunk are a sign that bark beetles successfully attacked the tree. Leaves/needles: Needles on dying conifer trees and pines begin to turn a reddish-brown and often start changing color at the top of the tree. The color change gradually moves down the tree. Other trees may slowly fade from green to brown.

Outside of tree: Flaking bark, or holes in the bark caused by woodpeckers, are good indicators that bark beetles or other insects are present.

Bark beetles attack stressed trees by boring holes into the bark. A normal, healthy tree would be able to fend off attack by exuding pitch into the holes pushing the beetle out. But drought- stressed trees have a difficult time producing enough pitch to fight off insects. Compounding the problem, beetles release pheromones that attract other beetles. This mass influx of beetles can quickly overwhelm a tree. Bark beetles are also attracted to freshly cut wood.

Dead trees need to be removed. They are a fire hazard because they are fuel for wildfire to burn. Standing dead trees will rot, becoming unstable, and will eventually fall. Dead trees can fall on people, homes, buildings and infrastructure, such as power lines. The sooner a tree is removed the better. The more it rots, the more unstable it becomes. For larger trees located near houses and other infrastructure, foresters and arborists prefer to remove them in pieces. However, if the tree is too rotten, it is unsafe to climb and difficult to predict where it will fall.

You can either leave the dead trees on your property or you can have them removed. If you are leaving the trees on your property they need to be properly handled. If you plan on using the wood for firewood, cut to the appropriate size and store. Wood from bark beetle-infested trees can be covered with plastic, following a specific technique to kill the beetles, and left covered for several months. See Tree Note 3 for more information. If wood is not going to be used, lop—or chip and scatter—the wood. The smaller the pieces the better. Chipping will kill bark beetles and the smaller pieces are less of a fire hazard.

 If you plan to use a diseased tree for firewood, follow proper storage techniques and make sure the wood is burned locally. Do not transport firewood to another location as it may introduce detrimental insects and disease into a new area.

An emergency regulation by the California Board of Forestry and Fire Protection in 2015 allows for an exemption to cut dead and dying trees of any size without the normal regulatory requirements such as a timber harvest plan, submission requirements, and completion and stocking report requirements. For more information visit: http://www.ReadyForWildfire.org/Dead_Tree_Removal

If you plan to utilize the wood for yourself, such as for firewood, you do not need to file a timber harvest plan with CAL FIRE. However, if you plan to sell logs or chips that result from tree removal, or use their value to offset the cost of removal, you are required to file a timber harvest document with CAL FIRE.

 Bark beetles have destroyed 45 million acres of forest in the western United States in recent years, including 15 million acres of Forest Service land. Studies have shown that trees are dying faster than ever in old-growth forests of California and the mountains of the West. In addition to the drought and bark beetle infestations, some scientists have linked tree mortality to rising temperatures, earlier than normal snowmelt, and forest fires.