Category Archives: Probate
Some Hazards Of Being An Executor You Need To Know About
If you recently lost a loved one and discovered they named you as the executor of their estate, you are most likely feeling privileged. After all, your loved one chose you because they believe you can carry out their last wishes. However, before accepting the appointment, it is crucial that you understand some of… Read More »
Some Common Mistakes To Avoid When Contesting A Will
Under California law, survivors can challenge their deceased loved one’s Will under certain circumstances. Some legitimate reasons for contesting a Will in California include fraud, undue influence, forgery, lack of testamentary capacity, elder abuse, and multiple Wills. But contesting a Will, even when you have a valid reason for doing so, can be an… Read More »
What Evidence Do You Need To Contest A California Will?
A Will allows for the distribution of a decedent’s assets in the way they chose before their death. However, sometimes, it is necessary to contest a Will. In California, survivors can contest a Will under some circumstances. Some grounds for contesting a Will in California include undue influence, fraud, lack of testamentary capacity, forgery,… Read More »
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 »
