Author Archives: Jay Butchko
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 »
I Was Left Out Of My Loved One’s Will. What Do I Do?
Being left out of a loved one’s will, especially if you believed or were told you would be included in it, is not a situation anyone wants to be in. If you were left out of your loved one’s will, it is understandable why you feel heartbroken, frustrated, or even angry. If you assumed… Read More »
What To Do If The Executor Doesn’t Give You Your Inheritance As A Beneficiary
If you are a beneficiary in a deceased loved one’s Will, the executor of your loved one’s Will is required to give you your inheritance. The executor is required to distribute your deceased loved one’s assets according to your loved one’s wishes. So, what happens if the executor doesn’t give you your inheritance as… Read More »
When Will You Get Your Inheritance After Losing A Loved One?
If you recently lost a loved one and know or believe you are one of the beneficiaries in their Will, you may be asking yourself when you will get your inheritance. You are most likely asking yourself this because you are looking forward to inheriting something that will always remind you of your loved… Read More »