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...
Trust And Probate Litigation
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...
Who can challenge a will?
During will contests, relatives may have questions regarding whether they count as an interested party. It is often easier said than done to determine all interested parties since this number could be significantly higher than the testator of the will realized. The...
Can you remove a trustee from a trust?
When you formed a trust in California, you might have named a friend or a family member as the trustee. Unfortunately, in recent years, you might have realized that this individual isn't as upstanding as you thought. Can you remove them for the trust, or do you have...
Could probate move along faster?
When someone passes away, probate may soon commence addressing the administration of the decedent's estate. Often, probate follows the directives presented in a last will and testament, and the process could take time. Some may wonder if there are ways to expedite...
Were you left out of a loved one’s will? You have options.
The death of a loved one is one of the most brutal experiences we can go through in life. It is made so much worse when you unexpectedly learn that you were not provided for in their will. If you fully expected your loved one to remember you in their will, but they...
The myths of trusts and probate
There is a lot of complicated information surrounding trusts and probate. This misinformation turns into myths, which can cause considerable confusion about the whole process. When people have misconceptions about these matters, it may prevent them from creating an...