When someone creates a will in California, they must name a man, woman, or sometimes a bank or a trust company to carry out their wishes or provisions of their will, among other tasks. However, there are circumstances where the beneficiaries or other people with a...
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Probate Litigation
Retirement accounts and probate
Retiring in California is the dream of millions of people. However, this dream may be derailed when a person dies and their estate passes into probate. For individuals with a large estate, probate can be a useful tool to avoid problems. Probate is a complex process...
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;...
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?...
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...
Taking inventory of an estate’s assets
Surviving family members may find themselves wondering how to go through the probate process. Even with a competent executor handling representation duties, administering an estate may come with challenges. Organized executors who understand the importance of taking...
How to dissolve a trust
If you own a home, business or other assets, California law generally allows you to keep them in a trust. A trust may allow you to protect items from being seized by creditors or in a divorce. In many cases, you can dissolve a trust assuming that you follow the proper...
Understanding probate bonds and the cost in California
Although no one ever wants to believe it, there are times when the individual administrating or executing an estate doesn't work in their heirs' and creditors' best interests. This is why probate bonds exist and are so vital to the estate planning process. Probate is...
The meaning of undue influence in probate litigation
Undue influence is a frequently contentious issue in probate litigation. Usually, the court appoints a guardian to carry out an undue influence for an incapacitated person. However, that extent of influence can be challenged in a court in California. Undue influence...
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...