Author Archives: Jay Butchko
Burden of Proof in Will Contests
After a person dies and leaves behind a Will, the Will must go through the probate process. The probate process entails validating a decedent’s Will and then distributing the estate assets to beneficiaries. If an interested party feels that the Will does not accurately depict the decedent’s wishes, they can initiate a Will contest…. Read More »
Tips for Dealing With a Manipulative Estate Executor
An executor is the person named in a Will to carry out the decedent’s last wishes. The executor is tasked with the job of administering the decedent’s estate. Administering an estate entails several steps and responsibilities. An executor carries out several duties, including initiating the probate process, identifying and inventorying assets, sending notifications to… Read More »
Can Lottery Winnings Be Inherited?
For many people, winning the lottery is a life-changing event. Winning the lottery can offer financial stability, allowing winners to pay off debt, invest, and even buy a home. Winning the lottery can give someone the opportunity to achieve their life goals. But what happens when a lottery winner dies? Can these winnings be… Read More »
Is Unpaid Child Support Payable From the Deceased Parent’s Probate Estate in California?
As is in other states, California courts award child support to help custodian parents with childcare-related costs and expenses. Usually, parents are required to pay child support until a child turns 18. However, in some cases, child support payments continue until a child reaches the age of 19. For instance, if a child turns… Read More »
What Is the Difference Between an Executor and an Administrator?
When someone dies, their assets become part of their “estate.” After death, someone has to be appointed to manage the decedent’s (the legal term for a deceased person) estate. The person in charge of administering a decedent’s estate is either an executor or administrator. The roles and responsibilities of an executor are the same… Read More »
How Can an Executor Reduce Probate Costs?
People who create a Will usually appoint someone to ensure the Will is executed. They appoint someone to carry out their last wishes when they die. This person is called an executor. If you were selected as the executor of a loved one’s Will, you should know that as an executor, your primary duty… Read More »
Steps for Preparing an Estate Inventory for Probate
Preparing an estate inventory is one of the most crucial steps of the probate process. This is the job of the executor. An estate inventory is a list of a decedent’s assets. Often, preparing an estate inventory is not a small task. This process entails a number of steps. Fortunately, you don’t have to… Read More »
Warning Signs the Testator Chose the Wrong Executor
In probate law, an executor is the person in charge of settling a person’s estate after they die and carrying out their final wishes. To many, naming a spouse, adult child, or another close family member as the executor feels like the best thing to do. However, an executor does not have to be… Read More »
Common Problems That Arise During Probate
Often, after a person dies, the probate process must take place. Probate is the administration of a person’s estate. Some of the vital steps the personal representative takes during the probate process include gathering and managing estate assets, notifying beneficiaries and creditors about the probate process, evaluating estate assets, and paying debts and taxes…. Read More »
9 Essential Steps of the Probate Process in California
The probate process in California entails more than just distributing estate assets to beneficiaries or heirs. In this article, we discuss nine essential steps of the probate process in California. Read on! Appointment of a Personal Representative Before the probate process can begin, the court must appoint a personal representative. The personal representative is… Read More »