When California residents pass away, their estates usually go through a process called probate. During probate, the will is validated, the estate’s debts are settled and its assets are distributed according to the will’s provisions. The decedent’s personal...
Estate Planning
The role of an executor in California
When writing a will in California, you must name someone who'll execute your wishes and ensure your loved ones get what you bequeathed them in a timely manner without any issues. This person, known as an executor, is typically someone you trust. Understanding an...
Retirement accounts: Are they probated?
Probate is a court procedure that proves the authenticity of a will or other legal document and is typically used for high-value estates. Laws in community property states such as California are specific about including a spouse, and failure to do so can necessitate...
What happens when you die with no Will in California?
The legal term for dying without a valid will is "intestate." This does not mean that the state will claim the assets: Instead, California law authorizes a probate court judge to oversee their distribution to the recipients listed in the applicable statute. Dying...
How to remove a trustee in California
Every trust in California nominates a trustee. This person's job is to manage the assets in the trust and act on behalf of the beneficiaries. In some cases, it may be necessary to remove a trustee from a trust due to their inability or unwillingness to fulfill their...
Does challenging a power of attorney ever work?
A power of attorney or POA is just about as powerful as it is perilous. It's a high-risk decision to put your signature on of these documents. Anyone who does so in California should be aware that it can still be challenged in a few different ways. What is a power of...
Understanding the basics of estate planning in California
Estate planning is the process of organizing your affairs so that your loved ones can easily and efficiently manage them in the event of your death or incapacity. It involves creating a plan for how your assets will be distributed, who will manage them, and how your...
Contesting a will in California
A person can contest a will in California based on the circumstances under which the deceased created it or how their executor administered it. But, only a specific group of people that the CA codes Art. 3 Sec. 8251 terms as "interested parties" can challenge a...
What are the most common reasons for estate litigation?
Estate planning should be something that all California residents do to protect their families and future. However, there are certain situations that might lead to estate litigation for even the most cautious people. Getting remarried If someone remarries after a...
What is California’s intestate succession law?
Under California inheritance laws, intestate succession is the process that determines the distribution of a person’s estate assets if no will or testament existed at the time of death. Unlike a last will, the inheritance laws are free from challenge by loved ones or...