Author Archives: Jay Butchko
Signs You Need To Hire A Probate Attorney
In California, the law does not require an executor to hire a probate attorney. In fact, many executors can handle the probate process themselves without the help of a probate attorney. If you’re facing a probate situation, you might be wondering whether you should hire an attorney. Well, depending on various things, it may… Read More »
Some Crucial Questions To Ask A Probate Attorney Before Hiring Them
Dealing with the loss of a loved one and going through the probate process can be an overwhelming experience. However, in California, sometimes probate is a necessity. Generally, probate is the legal process where a decedent’s assets are distributed among beneficiaries or heirs. When probate occurs with a Will, the Will determines which beneficiary… Read More »
Do I Have To Serve As Executor?
In California, after a person dies and leaves behind a Will, the executor is responsible for administering the deceased person’s estate as directed by the Will. If you recently lost a loved one and found out they named you in their Will as executor, you might feel obligated to accept the responsibility. Many people… Read More »
Protecting Yourself As A Personal Representative
When a person dies with a Will in place, the person named in the Will as executor becomes the estate’s personal representative. If there is no Will, or if the person named in the Will as executor refuses to serve as personal representative, it is up to the court to appoint an administrator to… Read More »
What If You Don’t Probate A Will In California?
If you have been named the executor of a decedent’s Will, you have a duty to open probate. But what if you don’t probate the Will? If you are the executor of a decedent’s estate who is thinking of not probating the decedent’s Will, you should know that not probating a Will can have… Read More »
Preparing For A Will Contest
Wills determine who inherits what from a decedent. Because of this, Will contests are a common occurrence during the probate process. When a Will contest arises, it means a person is challenging the validity and/or authority of a decedent’s Will. In California, any interested party with standing is allowed to contest a Will. In… Read More »
What Is The Difference Between A Probate Lawyer And An Estate Planning Lawyer?
Two primary types of lawyers handle matters concerning estate law: probate lawyers and estate planning lawyers. While these two types of lawyers handle matters concerning estate law, they do not perform the same job. To understand the difference between estate planning lawyers and probate lawyers, think about them in “before” and “after” terms. Estate… Read More »
Crucial Things Blended Families Need To Consider About Probate
According to research, 16% of children in America live in blended families. A blended family is a family with a stepparent and stepsibling or half-sibling. Being in a blended family can be both a rewarding and a challenging experience. Dealing with the complexities of life can be quite hard for some blended families. For… Read More »
Can I Contest My Parent’s Will?
Coping with losing a parent can be difficult, and the situation can worsen if you believe your parent’s Will is invalid. You have the right to contest your deceased parent’s Will and have it invalidated. In fact, children contesting their parents’ Wills is a lot more common than you think. However, you cannot challenge… Read More »
How Can A Beneficiary Spot Fraudulent Transfers In A Loved One’s Will?
Everyone has the right to leave their assets to whomever they wish. However, it is not right for a person close to an ailing or elderly relative, for example, to take advantage of their position. It is wrong for a person to convince a sick or elderly loved one to include them in their… Read More »