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...
Trust And Probate Litigation
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...
Reasons for contesting a will in California
When someone dies in California, their will is read and executed according to their wishes. However, there are times when people feel that the will wasn't properly executed or that it doesn't represent the deceased's intent. If you feel like you were unfairly treated...
Suing an executor in California
An executor is a fiduciary, meaning they have a legal duty to act in the best interests of the estate. When an executor fails to perform their duties or makes decisions that harm the estate, beneficiaries may have grounds to sue. Who is an executor? Executors are the...
Fiduciary breach for trusts and estates
Fiduciary duty is the term in California that describes the obligation that particular trusted parties have to their beneficiaries. For example, the person or institution that oversees and runs a trust has a fiduciary duty to do what is best for the beneficiary of the...
The importance of fiduciary duty in estate planning
Anyone who is planning to write a will, save money or invest resources needs to learn about fiduciary duty. Estate planning in California typically includes choosing a trusted individual or company to represent you or someone you love, and this individual becomes a...