Author Archives: Jay Butchko
Who Cannot Serve As A Personal Representative In California?
In California, a personal representative is an individual who has been entrusted to carry out the administration of a decedent’s estate. According to California Probate law, the individual named in a decedent’s will has the right to be appointed as a personal representative unless otherwise disqualified. If there is no will or a will… Read More »
5 Common Mistakes Personal Representatives Make During Probate
If you have been named the personal representative of a decedents’ estate, you probably already know that you have a very critical job to do, which is administering the decedent’s estate using ordinary care and diligence. Considering the crucial work you need to do as a personal representative, it is understandable if you are… Read More »
Fraud Claims: Some Important Information For Executors And Beneficiaries
In California, if a decedent’s Will names the person they want to be put in charge of administering their estate after they die, that named person will be appointed as the executor upon the decedent’s death, unless the court finds them unfit to serve as executor. Often, an executor will be a decedent’s spouse,… Read More »
Dealing With Problems Between Executors And Beneficiaries
Unfortunately, sometimes, executors and beneficiaries don’t get along. As an executor, a beneficiary may harass you to give them their inheritance early. As a beneficiary, you may feel the executor is doing something that is not in line with their fiduciary duty. When problems between executors and beneficiaries arise during the probate process, tensions… Read More »
Undue Influence: What It Is And How To Prove It
As probate attorneys, our duty is not only to help clients prepare wills and trusts or with the probate process. Probate attorneys also assist clients in checking the validity of wills and challenging invalid wills. An example of an invalid will is one made under undue influence. Proving undue influence by the use of… Read More »
3 Unique Tips For Successful Estate Planning You Need To Know About
The importance of estate planning can never be overemphasized. However, despite many people knowing about the importance of estate planning and considering estate planning, not enough people are actually writing Wills or creating Trusts or other estate plans. According to a CNBC article, the COVID-19 pandemic has produced a rise in estate planning, but… Read More »
Safely Storing Your Estate Planning Documents
It is a wise move to inventory your assets, decide how you would like your estate’s assets to be distributed after you become incapacitated or die, and take every other crucial step to ensure you have a successful estate plan. But, after signing your estate planning documents, where or how do you store them?… Read More »
Estate Planning Amidst A Pandemic
Estate planning is important on any given day, but it has proven to be important during a pandemic. The world has been living in uncertainty because of COVID-19 since 2019. Amid the climate of uncertainty surrounding the pandemic, people of all ages have been forced to grapple with the difficult subject of estate planning… Read More »
Can A Minor Child Be A Trust Beneficiary In The State Of California?
If you are a Californian and in the process of estate planning, one of the questions you might be asking yourself is whether your minor child can be a Trust beneficiary in the state of California. Asking yourself this question is completely understandable, considering minor children generally cannot directly own money and some other… Read More »
Beneficiary Rights You Need To Know About As A Trust Or Will Beneficiary
As a Trust or Will beneficiary in California, you have certain rights, and it is important that you know about these rights. Only after you understand your rights as a Trust or Will beneficiary can you ensure that your rights and interests remain protected. In this article, get to learn about some of the… Read More »
