Author Archives: Jay Butchko
How Can a Prenuptial Agreement Affect Probate?
Several legal documents can play a crucial role in the probate process. One of those documents is a prenuptial or premarital agreement. Because of the prevalence of premarital agreements in the United States of America, especially among millennials, it is vital that we discuss how a prenup can affect probate. According to one particular… Read More »
How to Close a Probate Estate in California
The California probate process involves many steps, with the last stage being closing the probate estate. As the administration of an estate nears completion, it is vital that the personal representative understands how to close the probate estate. There are several steps that a personal representative must complete in order to properly close an… Read More »
Undue Influence: A List of Red Flags
After someone dies, interested parties can contest the decedent’s Will. Contesting a Will is the process of disputing a decedent’s Will by presenting evidence about why it is invalid according to the law. According to California law, there are several grounds for contesting the validity of a Will. Undue influence is one of the… Read More »
What Are Your Inheritance Rights as a Stepchild?
Blended families are common in the United States of America. According to research, 16% of children in the United States of America live in blended families. This is a family where there is a stepparent, stepsibling, or half-sibling. However, a crucial thing that many people do not know is that many probate laws don’t… Read More »
A Guide on What To Do With an Inheritance
You may be wondering what to do next if you recently inherited a large sum of money from a deceased loved one. If you recently received an inheritance, it is crucial that you act slowly and strategically. You need to consider the implications of your actions before making any decisions. In this article, we… Read More »
Do Life Insurance Policies Go Through Probate?
Many people want to ensure that, if they die suddenly, their loved ones are protected and stable. One way a person can give their family extra financial protection if they die is by establishing a life insurance policy. A life insurance policyholder makes regular payments to the insurance company. In return, the insurance company… Read More »
Must I Hire the Attorney Who Prepared the Will to Probate It?
If you recently lost a loved one and they left behind a Will, the Will needs to go through probate. Probate is a process whereby the court validates a Will and appoints someone to administer the decedent’s assets and distribute assets to the intended beneficiaries. If you are ready to probate your deceased loved… Read More »
How Can Siblings Avoid Or Resolve Probate Disputes?
Often, after a parent dies, sibling disputes arise during the estate administration process, also known as the probate process. Unfortunately, probate disputes with siblings can cause permanent rifts. Also, disputes arising between siblings during probate can result in lengthy and expensive legal actions. This article discusses some of the most common causes of sibling… Read More »
Resolving Probate Disputes Through Arbitration
Probate disputes can arise for various reasons. For instance, disputes can arise if beneficiaries think the personal representative is mismanaging the estate. Disputes can also arise if a legal heir feels they were left out of the Will. Probate disputes are often difficult for the involved parties. When disputes arise during probate, it might… Read More »
Objecting To A Petition For Probate
After someone dies, their estate might need to go through probate. In a probate case, the court validates the Will (if one exists). Also, a personal representative is appointed to, among other things, collect estate assets, pay debts and expenses, and distribute the remaining assets to beneficiaries or heirs. If there is a Will,… Read More »
