If you live in California and are creating an estate plan, you probably need to write a will. This may be the case even if you are largely using a trust, beneficiary designations or other tools to pass assets since you can use a will to name a guardian for your minor...
Results-Oriented: Creative, Strategic And Skilled Legal Techniques
Year: 2022
The duties of a personal representative or estate executor
The executor of an estate is the person who you name in your will or in your estate plan to carry out your wishes, pay your debts and in other ways settle your estate after you pass away. A personal representative carries out exactly the same duties as an executor;...
Should your trust include an arbitration provision?
There are many details to take note of as you create your California estate plan. One of them may be deciding whether or not to include a provision for arbitration. This is a form of dispute mediation that can serve a definite purpose. However, there are legal experts...
Forming an estate plan is essential to eliminate family disputes
As you get older, forming an estate plan in California is essential if you have more than one child and several assets. Failing to do so may result in hard feelings and disputes between siblings in the future when you've passed away. Forming a solid plan now...
Alternate solutions for resolving trust disputes
Usually, trust-related disputes are resolved through a court hearing. This is largely due to the fact that trust administration is subject to court supervision, usually by the court in which the trust was administered. If there are disputes regarding the trust, there...
What you need to know about probate sale in California
In a turbulent real estate market, some California residents might be looking to purchase real estate through a probate sale. There are a lot of advantages to purchasing property this way, but it can be a risky endeavor when not done carefully. What is a probate sale?...
Facts about the No-Contest Clause in California wills
A will is a legal document that contains many important provisions, one of which is the no-contest clause. This clause is typically designed to discourage disputes and costly litigation over the terms of the will. What does the no-contest clause do? The no-contest...
What happens to the debts owed by a relative who has died?
Many California residents have debts they owe to creditors. In some cases, a person might die before they've paid back their creditors. It's fair to wonder what happens with those debts if you are a relative of the deceased. Does debt go away when a person dies? If a...
Are executors liable for unpaid probate taxes?
Did you know that if you are the executor or the personal representative of an estate in California, you are responsible for paying any associated federal and estate taxes? That duty extends further than you may think. Here is what you need to know when you agree to...
What are the grounds for contesting a will in California?
When a decedent in California dies, the executor files a petition to probate the will. The petitioner must send notice that they filed the petition to probate the will to all heirs, devisees, executors and alternative executors of the decedent. If you have a legal...