Newport Beach Estate Litigation Law Blog

Being a person who is affected by, or has an impact on, a trust, will or other estate plan can be a blessing or a burden. Oftentimes, there are multiple parties involved in the estate plan, will or trust administration. Not always do these people see eye-to-eye. It's possible that someone involved in the will, trust or estate plan does not do as intended.

If actions are negligent in terms of the contract agreement, the law or other governing agreement, one could allege negligence by a trustee, executor or conservator. In doing so, one would seek to potentially overthrow that person's access to the administration of the estate plan or to have them pay for damages incurred to a beneficiary or the estate, trust or will itself. Most often, people want to see negligent conservators removed from a position of power in terms of the estate, trust or will.

Because the probate process can be costly and time consuming, most families generally wish to avoid the process. Because of this, it is helpful to be familiar with some methods available that may help families avoid probate. The overall estate planning and probate process is essential for estate planners and families to be familiar with.

One method of potentially avoiding the probate process is joint ownership of property. Jointly owned property with the right of survivorship allows property to be taken as joint tenants. When one of the joint tenants dies, the surviving tenant takes the deceased party's portion of the property. There are several different forms of joint property with rights of survivorship including joint tenancy, tenancy by the entirety or community property. Each type can be set up through a written document.

The probate process can be costly and time consuming. As a result, family members and estate planners may want to be familiar with potential methods to avoid probate.

To begin with, it is helpful in the first place to be knowledgeable about what to watch for and potential problems that can pop up when estate planning and executing estate planning documents. Otherwise, there are a variety of different methods that may help families avoid the financial and time-related costs associated with the probate process. One option is a simplified form of probate that can be initiated through a spousal property petition that transfers assets from a deceased spouse to a surviving spouse. If one spouse has given away community assets then a community property claims dispute may also be made.

Knowing what an executor does is important for families in California to understand. In addition, it is helpful for families to understand executor liability and what to do if an executor violates his or her fiduciary duties.

By definition, the executor is responsible for the disposition of property and possessions of the estate as noted in the decedent's will or other estate planning documents. Serving as the executor for the last will and testament of the decedent can be overwhelming, but it is an honor the executor will likely take very seriously. The executor has the significant responsibility of making sure the decedent's last wishes are fulfilled concerning the disposition of their property and possessions.