When a loved one passes away, the emotional toll can be overwhelming. Amidst the grief, families often face the daunting task of managing the deceased’s estate. Sometimes, concerns arise about whether the decedent had the mental capacity to make sound decisions...
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Probate Litigation
What does undue influence look like?
Undue influence can be a problem when it comes to estate administration. The estate executor may read the will and feel like it heavily favors one individual. Maybe there have been last-minute changes that allot a significant portion of the estate to that person. The...
What is a defective accounting probate claim?
A defective accounting probate claim can arise when there are discrepancies, errors or omissions in the financial records provided by an executor or administrator of an estate during the probate process. This particular kind of legal action acknowledges that accurate...
What does it take to successfully contest a will?
In the wake of a loss, you might be considering contesting a loved one’s will. But before embarking on this path, it’s crucial to understand the legal process, potential grounds for contest and the significant implications involved. To contest a will, you must have...
When an executor should obtain a bond in California
Handling someone else's large estate in California is not an easy job. Sometimes, the executor may see it fit to obtain a surety bond, or the probate court might order it based on the individual circumstances. Here's how that works. Understanding surety bonds A surety...
What does a probate judge do to administer an estate?
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...
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...
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...
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,...