With student loan debt following Americans increasingly later into their lives, more families are finding that their loved ones still had student loan debt when they passed away. Different types of debt are handled in different ways after a person dies. Some must be...
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Estate Administration & Probate
What happens when someone leaves multiple wills?
It’s perfectly normal for people to create more than one will during their lifetimes. After all, the provisions placed in a will when someone is in their 20s or 30s may look drastically different than the provisions that person wants in their wills once they’re in...
Why would a primary caregiver use undue influence?
Undue influence is a form of manipulation. An elderly person wants to write their estate plan in a certain way. Someone else uses undue influence to get them to change that plan. This is similar to drafting a fraudulent document, but the difference is that the elderly...
4 signs a trustee is violating their fiduciary duty
A trustee is the person who manages a trust’s property and general finances. That’s a powerful position. As such, they have what is called a “fiduciary duty” to put the interest of the trust and its beneficiary ahead of their own. It’s sometimes difficult for...
What are the fiduciary duties of an estate executor?
The role of an estate executor is a position of considerable responsibility and trust. When a person is appointed executor of an estate, they must manage and settle it. This role is governed by a set of fiduciary duties that are legally binding and designed to ensure...
Can you reduce the cost of probating your estate?
Most people want to leave an inheritance for the people they love when they die. And when you’ve worked hard your entire life to make wealth, it’s only sensible that you leave as much of it as you can to your loved ones. It’s for this reason that most people plan...
This is the time to update your estate plan
California intestacy law dictates how assets held in your estate are allocated if you die without a will or a trust. State law may also take effect if your will or trust is found to be invalid for any reason. Therefore, it's important to review and update your estate...
How does ancillary probate work?
Sometimes the probate process that occurs after a person’s death can become much more complicated. This is often the case in the state of California where certain residents may own property that exists in other states. Navigating such a probate case can be difficult...
Preparing for the death or incapacitation of an executor
The death of a loved one is an unfortunate but unavoidable time for families throughout California. One way people can provide for their loved ones after passing away is with a proper estate plan. And there's almost no more vital role in someone's estate plan than the...
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...