Fridley Law Firm Attorneys at LawFridley Law Firm Attorneys at Law2026-07-16T09:16:26Zhttps://www.fridleylaw.com/feed/atom/WordPress/wp-content/uploads/sites/1200897/2021/02/favicon-75x75.pngOn Behalf of Fridley Law Firm Attorneys at Law<![CDATA[3 tips for administering an estate for the first time]]>https://www.fridleylaw.com/?p=475452026-07-16T09:16:26Z2026-07-16T09:16:26Z1. Be methodical
You’ll need to set time aside to complete the various tasks involved in administering the estate and to do them in the correct order. This is not a job you can rush or cut corners on. Check and double-check things to ensure you have not missed anything, which can be easy to do when it is all new to you.
2. Be transparent
While the deceased may have chosen you to administer their estate, there are several other parties who may be interested in the proceedings. Beneficiaries, above all, have a right to know how you are progressing. Showing that you are happy to answer their question is important to reassure them that everything is correct with the process and the estate will be distributed correctly.
3. Be open to help
You can make use of various other people while administering the estate. It can help speed things up and make the process more efficient. Remember, errors can cost time, trust and potentially money, too. Family members, close friends or business partners of the deceased may know things you don’t. For instance, where the deceased stored their documents you will need, what investments they held and who they owed money to.
You should also give serious consideration to seeking experienced legal guidance. This can ease the estate administration process, reassure others you are doing things correctly and help you do the job better.]]>On Behalf of Fridley Law Firm Attorneys at Law<![CDATA[Can beneficiaries challenge excessive executor compensation?]]>https://www.fridleylaw.com/?p=475442026-07-02T02:42:38Z2026-07-02T02:42:38ZExecutor compensation is not beyond scrutiny
Executors are fiduciaries. That means they must act in the best interests of the estate and its beneficiaries rather than their own financial interests. California law provides a framework for ordinary executor compensation, but disputes can arise when an executor seeks additional compensation or receives payments that appear disproportionate to the work performed.
For example, concerns may arise when an executor charges the estate for tasks that are routine parts of the role, seeks extraordinary compensation without adequate support or pays themselves before obtaining necessary court approval. Questions may also emerge if estate administration has been delayed while compensation requests continue to increase.
Beneficiaries have the right to object
If an executor's compensation appears disproportionate to the work performed, you do not have to remain on the sidelines. California probate proceedings are designed to provide oversight, and beneficiaries have the right to raise concerns when they believe estate assets are being mishandled.
Should the court determine that the executor’s compensation is excessive, unsupported or improperly obtained, it may reduce the fees or order repayment to the estate. Additional remedies may be available in more serious situations involving self-dealing or fiduciary misconduct.
Act quickly to protect your inheritance
Timing matters in such cases. The longer questionable compensation goes unchallenged, the harder it may be to address. If you have questions about an executor's fees, seeking early legal guidance can help you understand your rights and determine the most effective way to protect your interests.]]>On Behalf of Fridley Law Firm Attorneys at Law<![CDATA[When a trustee fails to provide an annual trust report]]>https://www.fridleylaw.com/?p=475402026-06-15T13:22:16Z2026-06-15T13:22:16Zcommunicate with beneficiaries as necessary.
They have a duty to act in the best interests of beneficiaries, which requires that they carefully manage trust resources. In some cases, beneficiaries may start to question how a trustee has managed or distributed trust resources. An annual report accounting for the trust’s assets can help beneficiaries determine if misconduct has occurred.
What happens if a trustee has failed to provide financial disclosures to beneficiaries?
Reporting failures can be grounds for litigation
In some cases, trustees are busy professionals who must balance administration responsibilities with their daily lives. They may not have legal representation, which may mean they do not understand their responsibilities.
In such cases, the failure to provide an annual financial report could be an oversight. Asking them for information about the trust's assets and any decisions they made on behalf of the trust could lead to them providing the necessary report.
Other times, the decision to withhold financial information is intentional. They may have engaged in misconduct, and they hope that beneficiaries do not notice their misappropriation of trust resources or self-dealing.
If a trustee does not promptly remedy their failure to provide financial reports to beneficiaries, beneficiaries may have grounds to initiate trust litigation. They can ask the courts to compel the trustee to provide financial disclosures. They can also seek the removal and replacement of the trustee due to their breach of duty and California state statutes.
Understanding the rights of beneficiaries and the obligations of trustees can help people recognize when trust litigation may be necessary for their long-term financial protection. An attorney can assist with formal communication with a trustee and the process of filing a trust-related lawsuit.]]>On Behalf of Fridley Law Firm Attorneys at Law<![CDATA[How undue influence can affect a will or trust]]>https://www.fridleylaw.com/?p=475392026-06-04T10:17:51Z2026-06-04T10:17:51ZWhen a person creates their estate plan, everything in the plan should be based on their wishes. Most people are able to do this without anyone trying to influence them, but there are times when someone close to them may try to sway their thinking.
Wills and trusts can be disputed if there’s evidence that the terms don’t reflect the creator’s wishes. Undue influence is one reason that may occur.
What is undue influence?
Undue influence occurs when someone pressures, manipulates or controls the decisions of the person creating the will or trust. When someone is isolated, elderly, ill, dependent upon a caregiver or facing cognitive decline, they rely on the help of loved ones and caregivers. The loved ones and caregivers may use their position to try to get the creator to set the will or trust up in a specific way.
What are the signs of undue influence?
Undue influence is often difficult to prove because there may not be any obvious signs. It often takes considerable investigation to determine what happened, but there are a few important signs that may signal a need to dig deeper.
Sudden changes to long-standing estate plans
Unexpected gifts to someone who takes care of the person
Exclusions of close family members without a reason
Secrecy surrounding the estate planning documents
Involvement by a beneficiary in selecting the plan preparer
In some cases, isolation from friends and family is also present. This is especially problematic if there is only one person who’s handling the individual’s affairs, such as medical appointments or personal care. Claims of undue influence can be challenging to prove. It may be beneficial to work with someone familiar with these matters.
]]>On Behalf of Fridley Law Firm Attorneys at Law<![CDATA[Signs that a caregiver or relative may have influenced a will]]>https://www.fridleylaw.com/?p=475382026-05-22T14:52:59Z2026-05-22T14:52:59ZFor a family that is already grieving, few things can create more tension than discovering a loved one’s will has changed unexpectedly before their death. Sometimes, those changes truly do reflect a person’s wishes. But, in some cases, those changes may have resulted from undue influence.
If you suspect your loved one was pressured into changing their will by a caregiver, family member or other trusted individual, it’s important to understand your legal options.
Financial exploitation for personal gain
Just because a person’s decision was unexpected or there was an unequal inheritance doesn’t automatically indicate wrongdoing. However, certain circumstances often appear in undue influence cases, such as:
Sudden changes to a longstanding will: A major red flag is when a parent previously planned to divide their assets equally among their children, only to suddenly leave everything to one caregiver or another relative. Courts may take the situation more seriously if the change occurred while the person was seriously ill or had diminished mental or physical capacity.
Isolation from family and friends: There are greater opportunities for undue influence when a vulnerable individual is isolated. The influencer may attempt to limit contact with others to gain greater control by blocking phone calls and visits, preventing private conversations and speaking on behalf of the individual at all times.
Dependency on a single individual: When an elderly person relies heavily on one caregiver, the risk of undue influence can increase. When that one person provides transportation, help with daily activities and emotional support, the victim may feel pressured to reward the caregiver out of fear of losing their help and companionship.
Unexplained disinheritance: A sudden decision to disinherit children, grandchildren and other longtime beneficiaries can raise suspicions. Individuals have the right to distribute their assets however they choose, but drastic changes may warrant further investigation.
California law aims to protect elderly and vulnerable adults. Probate courts take allegations of undue influence seriously, particularly when there is evidence that a trusted individual exploited someone who depended upon them for personal gain.Will contests involvingundue influence can be legally complex. They often require extensive investigation, witness interviews and medical evidence. A legal professional can evaluate the circumstances, explain your options and help you pursue a challenge if undue influence may have occurred.
]]>On Behalf of Fridley Law Firm Attorneys at Law<![CDATA[Who addresses creditor claims against an estate?]]>https://www.fridleylaw.com/?p=475362026-05-08T20:17:42Z2026-05-08T20:17:42ZWhen someone passes away, creditors may make claims against the estate, seeking payment for money that is still owed. A simple example would be outstanding credit card debt that was never fully paid off. But creditor claims can also involve mortgage loans, car loans or even unpaid tax debt owed to the government.
Generally speaking, it is the estate executor who is responsible for addressing these debts, meaning they are the person who works with creditors during the estate administration process. This does not mean the estate executor is personally responsible for the debt. However, because they have access to the estate’s assets and accounts, they can use those funds to settle valid claims.
Could this affect someone’s inheritance?
This does not directly affect a beneficiary’s inheritance in the sense that they are not personally inheriting the debt. The primary exception would be if someone cosigned on a loan with the deceased person. In that case, they may still be responsible for the remaining balance. But debt is not automatically passed down to the next generation.There can still be an indirect impact on inheritance, however. If the deceased did not make provisions to pay off their debts and instead left all of their assets to beneficiaries, some of those funds may first need to be used to satisfy creditor claims. As a result, beneficiaries could inherit less than they originally expected because creditors often must be paid before inheritances are distributed.Handling debts is an important part of estate administration, and it is crucial for those involved to understand exactly what legal steps to take.
]]>On Behalf of Fridley Law Firm Attorneys at Law<![CDATA[When a trustee undervalues critical trust resources]]>https://www.fridleylaw.com/?p=475352026-04-23T11:15:15Z2026-04-23T11:15:15ZUndervaluing resources can damage the trust
If a trustee intends to sell trust assets to make financial distributions to beneficiaries, they should ensure they understand the fair market value of those resources. Significantly undervaluing trust assets before listing them for sale might result in the trust receiving less capital than beneficiaries deserve, given the overall value of resources.
Beneficiaries may be able to take legal action to prevent the sale of trust resources for less than their fair market value if they learn about a proposed transaction before its completion. In cases where a trustee has already damaged the value of the trust, it may be possible to remove them from their position and replace them with someone more competent or trustworthy. Beneficiaries may even be able to hold a trustee financially accountable for failing to uphold their fiduciary duty.
Reviewing communication from a trustee and concerns about their asset management with a skilled legal team can help beneficiaries assert their rights through trust litigation. If trustees cannot competently manage resources or sell them for a reasonable amount, then replacing them with someone better able to do so may be a beneficial decision.]]>On Behalf of Fridley Law Firm Attorneys at Law<![CDATA[Disinherited spouses in California can ask the courts for help]]>https://www.fridleylaw.com/?p=475342026-04-06T11:29:22Z2026-04-06T11:29:22ZTotal disinheritance may violate community property laws
One spouse can theoretically limit what the other inherits. Individuals have control over the distribution of their assets when they draft wills and other estate planning documents.
Married people cannot fully exclude their spouses as beneficiaries. Married individuals can leave their separate property to people other than their spouses. However, marital or community property is another matter.
The deceased spouse can arrange for another person or even a charitable cause to inherit their portion of the community property or marital estate. The remaining 50% is the property of the surviving spouse. In cases where estate planning documents attempt to allocate all resources, including marital property, to other beneficiaries, disinherited spouses may need to initiate probate litigation.
Reviewing documents themselves and one’s marital estate with a skilled legal team can help people understand their options in this frustrating and challenging situation. The support and insight of an attorney can help spouses respond effectively by pursuing probate litigation to assert their rights to community property.]]>On Behalf of Fridley Law Firm Attorneys at Law<![CDATA[When a trustee engages in self-dealing]]>https://www.fridleylaw.com/?p=475332026-03-20T15:38:50Z2026-03-20T15:38:50Ztheir fiduciary duty.
Limiting unnecessary expenses and maintaining the value of trust resources are both important for the preservation of a trust’s value. In some cases, trustees breach their duty by engaging in conduct intended for their own enrichment rather than the preservation or improvement of trust resources. Self-dealing is a common breach of fiduciary duty that may lead to litigation.
What behaviors constitute self-dealing?
Trustees often need to contract with outside parties for specific services. The trust typically covers those expenses. Self-dealing occurs when a trustee awards those paid tasks to themselves, their own professional practice or a business in which they have an ownership interest.
Self-dealing may also sometimes involve granting contracts and projects to professionals with whom they have a close relationship, such as their siblings or their spouse, or those who offer a kickback. Frequently, self-dealing involves overcharging, as competitive rates aren't necessary when the award of the contract is guaranteed.
When a trust overpays for services, beneficiaries may ultimately receive less than they might otherwise deserve. If there is clear proof of self-dealing or other forms of financial misconduct, it may be possible to remove a trustee from their position and replace them with someone else better able to uphold that fiduciary duty.
Reviewing conduct that appears to be self-dealing with a legal professional could be helpful for concerned beneficiaries. Successful trust litigation can lead to the replacement of untrustworthy trustees and possibly even compensation for the economic impact of their misconduct.]]>On Behalf of Fridley Law Firm Attorneys at Law<![CDATA[Does life insurance need to go through probate?]]>https://www.fridleylaw.com/?p=475312026-03-04T15:55:34Z2026-03-04T15:55:34ZWhen an estate goes through probate, assets are passed down to beneficiaries. If someone does not have an estate plan, then state law will dictate who should receive those assets, generally focusing on next of kin. If the person does have an estate plan, they can choose any beneficiaries they would like, and the estate administrator will follow those instructions.
For many people, though, a life insurance policy is one of the largest assets they own. They may have purchased this years or decades before their passing, and they have been making consistent payments to stay current on the policy. When they pass away, the life insurance company pays out the total amount to the family. Does this mean that the insurance policy also needs to go through the estate administration process?
It often skips probate
Typically, a life insurance policy will skip probate. The reason is that the insurance provider should have been given a beneficiary designation when the policy was purchased. The company pays that beneficiary directly, regardless of state law or anything written in an estate plan. The beneficiary designation determines who receives the payout.There are some cases in which the payout may be handled differently. For instance, no beneficiary may have been named, so the policy pays out into the deceased person’s estate. In another situation, the person may have set up a trust and named that trust as the beneficiary. That would mean the life insurance payout funds the trust, and the trustee then distributes the assets based on the instructions provided in the trust documents.Because life insurance can be so valuable, it is very important for families to understand exactly how it should be addressed during estate administration and what legal steps they may need to take.]]>