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...
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Year: 2023
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...
Wills and revocable trusts in conflict: What happens?
Some people in California who are planning their estate might decide to use both a will and a revocable trust. These tools have different functions and ideally will complement one another, but there are also situations in which the instructions in each one conflicts...
What are the signs of undue influence?
Probate is the process through which a deceased person’s estate is administered and assets are disseminated among heirs. Unfortunately, things can go wrong during the California probate process. This includes claims of undue influence. Examples of undue influence In...
Senior financial abuse laws
In California, financial abuse of the elderly is punishable by state and federal laws. California Welfare and Institutions Code section 15600 and other codes define financial abuse of an elderly or disabled individual and outline the consequences should a court find a...
What you should know about elder abuse in California
When someone over 60 years old experiences neglect or financial exploitation, it's classified as elder abuse in California. Knowing the signs to identify this type of abuse can help you stop it. Some indicators aren't as apparent as others. It can happen anywhere...
Problems for heirs inheriting a California home with a reverse mortgage
Agents sell reverse mortgages to seniors who need money to meet their living expenses. When the senior dies without paying the reverse mortgage, the heirs generally have between one and six months to turn the home over to the mortgage company or pay off the loan...
The legal grounds for challenging a will
In California, if you believe that a will is invalid, you may have the option to contest it in court. This process allows individuals to challenge the will's validity and present evidence to support their claims. There are several grounds for contesting a will,...
Is it possible to sue a trust or a trustee?
As a resident of California, you may be considering using a trust as part of your estate planning. Trusts can provide many benefits, such as avoiding probate, reducing taxes and protecting assets. However, it's important to understand that trusts are not immune to...
Types of elder financial abuse
Elder financial abuse is a growing problem in California, as older adults are increasingly targeted by scammers and unscrupulous individuals looking to take advantage of their vulnerability. This type of abuse can take many forms, including fraud, scams and theft and...