Author Archives: Jay Butchko
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 »
Four Common Will Provisions And The Reasons Behind Them
Wills are documents executed by “testators” that describe what the testators want to happen to their assets after they die. If a person dies with a Will, their assets are distributed according to their Will. On the other hand, if a person dies without a Will, their assets are distributed according to the state’s… Read More »
Contesting A Will Where The Decedent Was Suffering From Dementia
After someone dies, survivors could have several grounds to initiate a Will contest. One of the grounds for contesting a Will in California is “lack of testamentary capacity.” If you recently lost a loved one who was suffering from dementia, you may be wondering if you can contest their Will and claim that they… Read More »
A Brief Guide To Help You Survive Probate (2023)
If you have recently lost a loved one, you may have many questions about probate. Probate is statutorily driven, which means that laws passed by the California legislature govern the probate process in California. In California, laws governing the probate process can be found under the California Probate Code. At The Probate Guy, we… Read More »
Important Tips On How To Be A Good Executor
Being asked to be the executor of a dear one’s estate can feel like a huge privilege. After all, it shows that someone trusts you completely. However, the job of an executor is not an easy one. Also, a lot of work goes into the role of an executor. At The Probate Guy, we… Read More »
Inventory In California Probate: Some Crucial Information For Personal Representatives
After someone passes away, their estate may need to go through probate. Probate is a crucial process through which a decedent’s estate is settled, outstanding debts are paid, and assets are distributed amongst heirs or beneficiaries. The personal representative is the one in charge of overseeing the probate process. If you’ve been chosen as… Read More »
FAQs About Will Contests In California
A “Will contest” arises when someone challenges the validity of a Will. A Will is a legal document through which the testator (the maker of the Will) divides their assets and designates who should receive what. Will contests are common in California. You may have questions about Will contests if you recently lost a… Read More »
Important Terms You Should Know When It Comes To Probate
If you’ve lost a loved one and have to go through the probate process, you will likely hear many terms you are not familiar with. The terms used in probate can be confusing. It’s crucial that you take time to familiarize yourself with some of the most important terms used in probate. Below, we… Read More »
My Inheritance Was Stolen. What Do I Do?
One of the main ways people build wealth is by receiving inheritances from their deceased loved ones. If your inheritance is stolen, it can adversely affect your finances and possibly your children’s future. Inheritance can be stolen in different ways. For example, after the death of a loved one, someone may physically take an… Read More »
