Author Archives: Jay Butchko
Who Has the Right To Receive a Copy of the Will in California?
Losing a loved one is never easy, and dealing with the legal process that follows can add another layer of stress. During the probate process, one common question is who has the right to receive a copy of the will. While it may seem straightforward, there are rules about who can access this document…. Read More »
Challenging a Fraudulent Will: Steps To Take
Challenging a Will is never an easy decision. The process can be long and complicated, but sometimes, it’s the only way to honor a loved one’s true wishes. If you suspect Will fraud, acting quickly and seeking expert legal guidance is imperative. An experienced probate attorney can help you assess the strength of your… Read More »
Do You Need a Probate Lawyer? 5 Key Circumstances To Consider
Losing a loved one is emotionally overwhelming, and when you also have to deal with the legal side of things, it can become even more challenging. If you’ve been named as the executor of their estate, you may find yourself navigating the probate process while still coping with grief. This can add more stress,… Read More »
Can You Probate the Estate of a Missing Person in California?
When someone goes missing in California, families are often left dealing with the stark reality of probably never seeing their loved one again and also in legal limbo, unsure how to handle the person’s assets, debts, or wishes. While the probate process typically involves administering the estate of a deceased person, California law provides… Read More »
Are Handwritten Wills Valid in California?
While most people have typed wills, handwritten wills – also known as holographic wills – remain in use in California. Often, people use holographic wills when they want to draft their wishes quickly or informally, either because they don’t believe their estate is of sufficient size to require a more formal estate plan or… Read More »
What Are the Benefits of Using Mediation in Probate?
In California, after someone passes away, their estate goes through probate, regardless of whether they left a will. Probate involves verifying whether a will is valid, paying outstanding debts and taxes, and correctly distributing remaining assets to beneficiaries, according to the will or the state’s intestate succession laws if there is no will. Sometimes,… Read More »
5 Things To Know Before You Contest a Will in California
In California, a last will allows individuals to express how they would like their assets to be distributed after passing away. But what happens when the details of a will seem different from what you believe were your loved one’s last intentions? This is where a will contest comes in, where you can challenge… Read More »
Getting Ready for Your Probate Attorney Meeting
The probate process can be a stressful period where you are involved in settling the decedent’s estate. Not only are you grieving losing a loved one, you are likely unsure of what to expect, from the first meeting with your probate attorney to how the probate process works. However, there are simple steps you… Read More »
Removing an Estate Executor in California: A Step-By-Step Guide
When a loved one passes away, the executor or administrator of their estate is responsible for managing and distributing assets per the decedent’s wishes. But what happens if the executor fails to fulfill their duties or you suspect them of misconduct? In California, you can remove an executor under certain circumstances, and although the… Read More »
How Much Time Do You Get To File for Probate?
Losing a loved one is a harrowing experience, and dealing with the legal responsibilities that follow can only add to the emotional weight. One of these responsibilities is determining when and how to file for probate. Although California doesn’t have an exact deadline for filing probate, there are several reasons why it may be… Read More »