Category Archives: Probate
How To Prove a Decedent Had Testamentary Capacity in California?
When someone we love passes away, their will determines how their assets will be distributed. However, will contests can arise due to several reasons. In California, one of the valid grounds for contesting a will is “lack of testamentary capacity.” Under this ground, the person contesting the will claims that the deceased, also called… Read More »
Proving a Decedent Was Not Under Undue Influence When They Made the Will
In California, one of the most common reasons for filing a will contest is undue influence, which happens when someone uses excessive persuasion, coercion, or pressure to manipulate a testator into creating a will that does not reflect their true wishes. However, while some claims of undue influence are valid, some are not. If… Read More »
What Is the First Thing an Executor Should Do After a Death in California?
When someone passes away in California, the executor, also known as a personal representative, suddenly takes on a long list of legal and financial responsibilities. It can be pretty overwhelming, especially while you are also coping with grief. The good news is that you don’t have to tackle everything all at once. However, there… Read More »
Common Signs That a Will May Be Invalid in California
When someone you love passes away, their will should ideally reflect their true wishes and intentions. However, this is not always the case. Sometimes, family members notice things that seem off, such as sudden changes or new beneficiaries who came out of nowhere. In California, interested parties can contest a will if there are… Read More »
Steps To Take if You Were Wrongfully Left Out of a Will
Losing a loved one is a painful experience, and it can be traumatic too. Discovering that you were unexpectedly and wrongfully left out of their will can make the situation even harder. Many people usually assume Will disputes only happen in wealthy or celebrity families, but disagreements over inheritances occur in all kinds of… Read More »
Can a Will Be Changed After Probate Starts in California?
If you’ve recently lost a loved one and are involved in the probate process, you might be wondering whether a will can still be changed even after the probate process has started. For example, maybe you have noticed an error or an omission in the will and are wondering if this can be fixed…. Read More »
Understanding the California Spousal Property Petition
Losing a spouse is one of the hardest things anyone can go through. Such a loss is overwhelming enough without having to worry about the probate process, which sometimes can be quite lengthy and costly. Fortunately, for surviving spouses in California, there is an effective option that is often overlooked. If you recently lost… Read More »
Can an Out-of-State Executor Serve in a California Probate?
If you have been named the executor in a loved one’s will, you may be feeling very honored. Indeed, it is a huge honor to be trusted with such a significant responsibility. An executor is responsible for settling the decedent’s estate through probate. This court-supervised process involves gathering and inventorying the decedent’s estate assets,… Read More »
What Is a Heggstad Petition in California Probate Law?
When someone passes away, the probate process can feel overwhelming, even if there are no complications. If a complication arises, the process can feel even worse. One complication that can arise during the probate process is when you discover that an asset that should have been formally transferred into the deceased’s trust wasn’t transferred…. Read More »
Common Mistakes Beneficiaries Make After a Loved One’s Death
Dealing with the loss of a loved one is usually a challenging and emotional journey. Unfortunately, this can lead to beneficiaries making costly legal mistakes. In California, after someone passes away, their estate goes through the probate process. Beneficiaries play a vital role in this process. However, beneficiaries frequently make mistakes that can delay… Read More »