If you have recently been named as an executor, you may want to seriously consider hiring a probate lawyer to help you with the daunting task of administering your loved one’s estate. In fact, according to traditional probate advice, hiring an attorney is often one of the first things you should do...
Ensuring an Executor Fulfills His or Her Duties
An executor plays an extremely valuable role in the administration of an estate. He or she will make sure that bills are paid appropriately and make distributions to beneficiaries. The executor role is designed to make everyone’s life easier after a loved one passes.
Unfortunately, when the executor does not carry out his...
Avoiding “Helter Skelter” Estate Planning Mistakes
Q: What happens when multiple wills are presented for probate?
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More than a month after the death of one of the most notorious mass murderers of our time, the late Charles Manson is making headlines again due to a large fight over who is entitled to his remains and belongings.
The Manson estate...
Protecting Your Estate Planning Documents From Disaster
Where should I store my will?
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After a year of catastrophic fires in California and unprecedented hurricanes hitting both Texas and Florida, Americans have become more acutely aware of the importance of preserving our valued personal items. When a natural disaster strikes, you want to make sure that your important documents are in...
Reasons to Challenge a Will
A will describes who should get what regarding both assets and liabilities. However, sometimes the will may not seem fair or just for various reasons. If you read a family member’s will and think, “Why did Dad do that?” or “I’m shocked that Mom did that,” you may have grounds to contest a will.
There...
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Removal of a Trustee
A trustee plays a very important role in the administration of a trust. It is absolutely vital that you use a trustee that is trustworthy and responsible to carry out the distribution process and general trust management. Trustees are held to a higher standard because they are fulfilling the wishes of someone...
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The Basics of Settling an Estate
The process of settling an estate is commonly referred to as “probate.” It requires an understanding of not only the will that your loved one left but also an itemization of their assets and liabilities as well as an appreciation for the probate laws and process in California.
Every estate is unique, and what...
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ABLE Accounts in California: An Overview
An ABLE account is a bank account that permits those with special needs to save money at the state level. It gets its name from the federal law, Achieving a Better Life Experience (ABLE) Act.
California was slower to establish ABLE accounts, but they were signed into law in 2015. However, California has struggled...
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What is Probate Litigation?
You may assume that estate planning is a non-confrontational process, and it usually is. When someone creates an estate plan, the process of developing it deals only with one (or potentially two) person—so there is little occasion for conflict. When loved ones actually take steps to fulfill a decedent’s wishes after they pass, fights...
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Duties of an Executor or Personal Representative
An executor is someone who is named in a will to carry out your final wishes and settle your estate. He or she will pay your outstanding bills, pay for funeral expenses, and distribute your property as you describe in your will.
It is important to know the duties of an executor or personal representative...
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