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...
Gostanian Law Group Legal Blog
Don’t leave life without one – a letter of instruction
If you live in California, know that a will isn't the only document you need to plan for your future. A letter of instruction can also be essential to your estate planning. Unlike a will, which is a legally binding document that determines the distribution of your...
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...
How can the courts in California respond to financial abuse?
Manipulating or tricking an elder out of their money is financial abuse. Guardianships and trustees might embezzle, manipulate or fool elders, so loved ones may want to regularly check in to ensure nothing fishy is going on. Warning signs of financial elder abuse:...
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...