In California, the role of a probate judge is crucial in ensuring a smooth transfer of assets to a decedent's heirs. Probate judges ensure the settlement of the estate's debts and asset distribution according to the deceased's wishes. These judges also handle estates...
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Year: 2023
What happens when an estate is insolvent?
Being named the executor of an estate in California involves many duties. Chief among them will be the responsibility to ensure that all debts owed by the estate are paid off in a timely and full manner. You must also ensure that all people named beneficiaries receive...
Strategies for challenging a power of attorney
Financial planners encourage people in California to execute power of attorney (POA) documents in case of an unforeseen emergency. The POA allows the principal to name an agent to act on their behalf in financial and/or healthcare matters. The document generally takes...
Are trusts valid in all states?
Many California residents include trusts in their estate plans because they give them greater control over how their estates will be administered and allow their assets to be distributed without first going through the probate process. Trusts are flexible estate...
The role of heirs-at-law in an estate
If a California resident dies without a will, there are laws in place that determine who inherits their property. These individuals are known as "heirs-at-law." Identifying heirs-at-law is also important in determining who can challenge a will or another aspect of an...
How to use an intentionally defective grantor trust
Intentionally defective grantor trusts or IDGTs are used in estate planning to put a hold on specific assets. In effect, it freezes the assets for the purposes of estate tax, but the same does not apply to income tax. If you're working on your estate plan in...
California hospitals must contact your next of kin
California hospitals must consult with your next of kin if you become incapacitated or have an accident. The person the hospital contacts can make healthcare decisions since you cannot speak for yourself. However, hospitals must do this only if the state has a...
Quick guide to executor duties
If you agreed to be the executor of someone’s estate you may be wondering how to carry out your duties in California. Executors have multiple duties, some of them quite challenging. This guide will help you understand your responsibilities. Locate the will The first...
Understanding probate sales in real estate
If a person in California passes away and does not have their home in a trust, their assets must go through a legal process called probate. The heirs may want the house sold to access the proceeds for paying off debts and distributing the remainder. Probate homes may...
Should you consider having more than one executor?
In some cases, only one executor isn't enough to handle the probate of your will after you pass away. There are benefits and drawbacks if you choose to go the co-executor route, so it's important to know what they are before you dive in. For anyone in California who...