When a relative passes, you often expect that you will obtain some type of inheritance after their passing, particularly if it is a parent or spouse. Perhaps, for example, your mother has already talked to you about your inheritance, or you know that a particular bank account has been left for you.
Joint Tenancy and Avoiding Probate
The probate process can be time-consuming and expensive. It can also be very emotionally draining for someone who just lost a loved one. As such, many individuals take steps to avoid the probate process entirely to save money and to make the transition to life without them easier for their loved ones.
There...
The Probate Process: When to Hire an Appraiser
You must go through the probate process if a loved one leaves a will with enough property to warrant the full probate process. If the total value of the estate is less than $150,000, then you generally will not need to go through probate in California. Instead, smaller estates can go through...
Tips for Avoiding Trust Litigation
What are the most common reasons for trust litigation?
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When you create a trust, you expect that your assets will be distributed in accordance with the carefully set out terms of the trust. While most trusts are upheld after the death of the settlor, many others become embroiled in litigation. Disagreements over the...
Frequently Asked Questions About the Probate Process in California
Do I need an attorney if I am named a personal representative?
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Probate is the court process through which a deceased person’s assets are distributed to their heirs. While most of us are familiar with the term probate, few are aware of the intricacies of the probate process. If you are preparing your...
When Capacity Leads to Trust Litigation
What is the standard for capacity when establishing a trust?
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Revocable trusts have become one of the most common estate planning tools. Revocable trusts hold several advantages over wills in California. With a trust, you can avoid probate and all of the costs, as well as time delays, that often come with it....
Estate Planning for Families with Special Needs Children
Your estate plan should generally change every time you have a child. However, there are unique concerns that you should address when you are crafting an estate plan with a special needs child in mind. Parents of children with disabilities may need to account for life-long medical care, an inability for the...
California Probate Court: An Overview
California probate court is unique because it is a special division of the court system that deals only with probate issues, including managing decedents’ estates, guardianships of minors, conservatorships of adults, and trusts.
There are several probate courts throughout the state. Each county’s Superior Court has a Probate Division that deals...
The Basics of Pet Trusts in California
You cannot leave money or funds to a pet. Instead, you may want to set up a trust so that your assets or funds can be used for the care of that pet. That way, you know your pet will be cared for, even after you are gone, according to the instructions you...
What is Probate?
When someone dies, he or she likely needs to wind up his or her financial and legal matters. They rely on others and any plans that they have created before their passing to complete this task.
“Probate” is a legal term that describes the process of winding up someone’s affairs after their...