Few things in life are perfect, including wills that your parents may have created before they pass away. They may have left their wishes incomplete, or your siblings in California may not be happy with how assets will be distributed. Whatever the reason, sometimes...
Trust And Probate Litigation
Opening up a probate bank account
Being named as an executor of someone's will or being appointed as an administrator to settle the estate of someone who died involves a lot of work. Estate administration involves more than simply dividing up the decedent's assets and distributing them to the heirs...
How you can avoid ancillary probate in in California
If you own property in states besides California, you should address this issue during estate planning. If you do not, the executor of your estate must go through the ancillary probate process to settle your assets. Consider the following steps to ease things for your...
How does the probate process work in California?
Regardless of whether a California resident has a will, their estate goes through probate after their death. However, the process is faster and more organized with a will. This is how probate works. Filing the petition After a person’s death, the first step in probate...
How to handle a child’s monetary inheritance
If you are a parent or guardian in California, it is important to know that the law requires you to manage money received on behalf of a child in a particular way. This ensures that the child's financial interests are protected and that the money is used for the...
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...
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...
What happens in probate when the deceased left a mortgage debt?
When a loved one dies in California, their estate must be taken care of. This can include their home, which may have a mortgage on it. If this is the case, it's important for you to understand the process of handling the mortgage during the probate process. Contacting...
When the estate funds are misused by the executor
A person who is appointed to be the executor of an estate is given unlimited access to another person's assets. These assets include funds that are needed to administer an estate in California. The executor is a chosen individual who is put in a high position of...