Appointing a trustee over your estate can be a stressful decision. Sometimes, people choose to select a corporate trustee over a friend or family. There are many reasons to appoint a third party to act as trustee when estate planning. A trustee is responsible for...
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Year: 2021
Should a prenup be part of your estate plan?
When California couples decide to marry, they may also be prompted to make other decisions about their future planning. This is especially true for people with specific circumstances, such as owners of closely held businesses or parents of children from a previous...
Is it possible for an estate executor in California to resign?
An estate executor is a person or institution in the estate administration and probate process that is in charge of executing the estate and managing the estate property according to the wishes of the deceased. In some cases, an estate executor can resign from his or...
When does an estate need a formal probate?
In the administration of an estate, probate law in California allows people to handle the procedures as much on their own as possible. However, there are times when a judge and probate attorney are needed to properly administer an estate. Know when and why undergoing...
What happens to your debts after you pass away?
Although it’s never a pleasant thing to think about, you might wonder what happens to your debt after you die. Debts can be complex, but you don’t want to leave them to your family in California to have to deal with in the event of your passing. When you have the...
What is the difference between Conservatorship of the Person and Conservatorship of the Estate?
In California, there is a difference between Conservatorship of the Person and Conservatorship of the Estate. Conservatorship of the Person is designed to ensure that the person has appropriate access to food, shelter, clothing, and access to medical care....
What to expect with holographic wills in California
The last will and testament concern an individual's assets and how they will be distributed. A handwritten will is valid under California law if it meets minimal requirements. Known as a holographic will, it is an acceptable legal document that many testators use....
Which estates need a formal probate process?
Probate refers to a legal process followed when settling the estate of a person when they die. During the process, the court appoints a representative whose role is to distribute the property to the descendants according to the law. In California, the personal...
Is a trust really completely irrevocabel?
When you set up a California trust, you get even more protection when it is irrevocable. This largely separates you from legal ownership of the assets for items such as Medicaid trusts. However, irrevocable usually means that the trust’s terms cannot be changed, and...
Does every asset have to go through probate?
No matter how you arrange your estate, you might not be able to avoid probate for your loved ones in California. However, probate isn't necessarily a bad thing. During the probate process, a judge will make sure that your assets are distributed according to your...