Author Archives: Jay Butchko
Resolving Probate Disputes Through Mediation
After someone dies in California, probate is necessary to implement the provisions of the decedent’s Will. Probate can also happen if a person dies without a Will. When a person dies without a Will, their property is distributed under the state intestacy law. During the probate process, disputes are common. For example, disputes may… Read More »
What Powers Does An Executor Not Have?
The executor is the individual named in a Will to be responsible for administering the testator’s estate. For that reason, executors are tasked with several responsibilities. Also, executors are held to a strict fiduciary duty in regard to the actions they take when administering estates. If you lost a loved one and found out… Read More »
Debunking Four Common Myths About Executors
An executor is a person nominated in a Will to administer the decedent’s estate. Usually, the specific work that will go into serving as an executor depends on several factors. However, the following are some of the typical duties of the executor of a California estate; Finding all the estate assets Taking care of… Read More »
How To Negotiate With Estate Creditors
Unfortunately, when people die, their debts are not forgiven. After a person dies and leaves behind debts, those debts must be paid. Usually, when a person dies, any unpaid debt they leave behind is paid with the money left in the estate. If you were recently appointed as the personal representative of an estate,… Read More »
Signs A Personal Representative Is Not Doing Their Job
After someone dies in California, their estate should be handled by a personal representative. A personal representative’s name can be found in a decedent’s Will. When a personal representative is named in a Will, they are referred to as an executor. Suppose there is no Will, or the Will does not name an executor…. Read More »
Can Beneficiaries Override An Executor?
After someone dies, the person named in the Will as executor is responsible for administering the decedent’s estate. The duties of an executor include, among many others, identifying and collecting estate assets, safeguarding the assets, paying debts, filing appropriate tax returns, and distributing assets to beneficiaries in accordance with the Will. Over the course… Read More »
Tips To Help You Speed Up The Probate Process
Probate is the process of administering and transferring a decedent’s estate. The person responsible for administering and transferring a decedent’s estate is usually named in the decedent’s Will. If you have been named in your deceased loved one’s Will as the person to administer and transfer their estate, you may be worried about the… Read More »
Probate For People Who Died In Another State After Moving From California
Every year, thousands of people move out of California. But if you are reading this article, you probably already know this. There are many reasons why so many people move out of California every year. However, this article is not about why people move out of California. If you are reading this article, it… Read More »
Preventing Difficulties Between Beneficiaries And The Executor
Being the executor of an estate can be a challenging job. Executors have many responsibilities. For example, an executor needs to find estate assets, safeguard those assets, appraise those assets, pay estate debts and taxes, and distribute inheritance to beneficiaries. The last thing you want as the executor of your loved one’s estate is… Read More »
What If There Is An Emergency Before A Personal Representative Is Appointed?
After someone dies, a probate petition is filed. This Petition asks that a personal representative be formally appointed to act on behalf of the decedent’s estate. After a probate petition is filed, it usually takes four to six weeks for the court to issue Letters that allow an individual to serve as the personal… Read More »
