Ideally, a loved one will discuss your role as an executor of their estate long before they pass. This candid discussion will allow you to consider the duties and responsibilities of someone acting in this role. That way you can make an informed decision long before it matters for your loved one. However,...
Small Estate Probate in California
Small estates do not need to be probated in California. That means that if you can decrease the total value of your property to under $150,000, you can avoid probate in California altogether.
This process is often referred to as “Summary Probate.” The executor of the estate simply has to file an affidavit...
The Perils of Probate Litigation: How to Avoid a Will Contest
There are a number of reasons to create a will not the least of which are to protect your assets and provide for your loved ones. Nonetheless, having a will does not necessarily mean your wishes will be carried out. In fact, an estate can be exposed to a will contest if a dispute...
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Making Decisions About End of Life Medical Treatment
While advances in medicine allow people to live longer, questions are often raised about life-sustaining treatment terminally ill patients may or may not want to receive. Those who fail to formally declare these wishes in writing to family members and medical professionals run the risk of having the courts make these decisions.
For...
A Primer on Irrevocable Trusts
How do irrevocable trusts fit into my estate plan?
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Although many people think that estate planning is only about creating a will, a comprehensive plan considers a number of objectives such as asset protection, avoiding probate, and minimizing estate taxes. One effective tool for achieving these goals is an irrevocable trust.
What is...Probating a Will: A Primer on Letters Testamentary
How does a personal representative initiate a probate proceeding in California?
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If you have been named as a personal representative in a will, you will be responsible for a number of important duties in carrying out the instructions of the deceased. In short, it is necessary to gather the estate property and transfer it...
Estate Planning: The Difference Between an Executor and an Administrator
When someone dies, someone has to administer his or her estate, regardless of whether he or she has a will in place or not. This person will ensure that any final debts and liabilities are paid and that beneficiaries receive what they should based on either the decedent’s will or intestate laws.
Technically...
Common California Estate Planning Oversights
It’s safe to say that estate planning is about the farthest down on the list of things people want to do in their spare time. Nobody wants to think about what happens when they cease to be a part of this world, and that’s understandable. At the same time, it’s probably accurate to...
Duties and Responsibilities of a Probate Administrator
When you create a will, you name an executor to take care of your estate after your pass. This person will be responsible for not only carrying out your wishes as you have laid them out in your will, but he or she is also responsible for settling your debts as well. The...
Digital Assets and Estate Planning
When you start thinking about your estate plan, physical property like your home, your car, and your bank account will often come to mind. However, we live in an increasingly digital age, which means that you may have digital assets that should be included in your estate plan. A digital asset is any...