Author Archives: Jay Butchko
How Much Does It Cost To Contest A Will?
After the death of a person, the Will that the person made goes to probate. In California, probate is the process in which the estate executor or personal representative gathers estate assets, appraises the assets, pays estate debts, and distributes the remaining assets to the named beneficiaries as per the instructions in the Will…. Read More »
What Happens In California If You Cannot Find The Original Will?
Generally, in order to admit a Will to probate, the original Will must be produced. However, sometimes, the decedent’s original Will cannot be located. If a decedent’s original Will cannot be found, does it mean that the probate process cannot commence? Well, the laws regarding what happens when an original Will cannot be located… Read More »
Can I Be An Executor And Also A Beneficiary?
A beneficiary is a person named in a decedent’s Will to receive property from the decedent’s estate. On the other hand, an executor is a person appointed to administer a decedent’s estate. An executor’s main duty is to carry out the instructions and wishes of the decedent. An executor’s other important duties include paying… Read More »
Breach Of Fiduciary Duty In Probate Cases
A fiduciary is a person or an organization that acts on behalf of another person or persons, also known as the principal(s). Because executors take on the management of another person’s estate, they are fiduciaries. A fiduciary is obligated to put their client’s needs first and preserve trust and good faith. This means that… Read More »
Giving Up Your Inheritance: Disclaimer
If you are a beneficiary under someone’s Will or due for inheritance under California’s intestate succession laws, you may wonder if you have the option of declining the inheritance. The good news is that the state of California allows beneficiaries to give up their right to inheritance. However, the legal requirements of giving up… Read More »
Giving Up Your Inheritance: Assignment
As you probably already know, California allows you to disclaim your interest in an inheritance. Disclaiming an inheritance is simply the same as refusing an inheritance. If you disclaim your inheritance, it will be as if you “predeceased” the decedent, and the assets will be treated as though another person inherited them. In California,… Read More »
Joint Personal Representatives
For various reasons, testators sometimes nominate joint personal representatives consisting of two or more people for their probate estates. For example, a testator might decide to select two of their children to be of service as joint personal representatives because they cannot choose between the two. If you discovered that a deceased loved one… Read More »
Common Myths About The California Probate Process
Most people do not know about the California probate process, mainly because it is a topic that they don’t want to deal with. Nevertheless, it is vital that you familiarize yourself with the subject of probate. Familiarizing yourself with this subject can help you avoid falling for myths and making wrong decisions. The reality… Read More »
Which Debts Take Priority In A California Probate Process
One of the major duties of a personal representative of a California estate is paying debts. Therefore, if you are the personal representative of a decedent’s California estate, you need to understand everything there is to know about paying debts during probate and handling creditors in probate. For example, do you know that personal… Read More »
A Simple Guide To Help You Serve As A Personal Representative
Being named the executor of a will can be an exciting thing. However, the reality is that the job of a personal representative is not an easy one. If you are the executor of your deceased loved one’s will, you should know that you have a significant role ahead of you. Despite the grief… Read More »