Author Archives: Jay Butchko
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 »
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 »