Thursday, January 20, 2022

What to Do for Your Loved One’s Estate After they Pass Away

After experiencing the death of a loved one, you may feel extremely overwhelmed without any sense of what to do next. That’s why it’s so important to have a list of steps that can help you to take care of the legal and financial matters of their estate. Here’s what to do for your loved one’s estate after they pass away.

1. Protect their valuable assets from theft.
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Thursday, July 15, 2021

What to Know About Probate Homes in California

The purpose of estate administration is to ensure that one’s real and personal property is properly distributed after they have passed away. This process to administer the estate is known as probate and is overseen by a probate court.
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Tuesday, June 22, 2021

What Is a California Spousal Property Petition?

When someone dies, their will must pass the legal process called probate. While probate can be helpful in ensuring that the will is verified and properly carried out, it doesn’t always account for what is supposed to happen to certain property, namely, surviving spouses.
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Tuesday, December 17, 2019

What to Expect If Your Parent's Estate Goes to Probate

The loss of a parent can prove all-encompassing. When you are processing the loss of your mother or father it can be an extremely emotional time. While you are trying to move forward, the last thing you likely want to have to worry about is what is supposed to happen to their estate and you most definitely don’t want to have to deal with the Read more . . .

Thursday, September 5, 2019

What Happens If Someone Dies Without a Will in California?

We all know that it is important to have a will. Whether it’s because we don’t want to think about our own mortality, we don’t have the money, or we just flat out don’t get around to it, sometimes people die without a will. When someone dies without a will, it is called intestate. So what happens to someone’s estate when they don’t have a will?

When someone dies intestate, the California probate estate must be administered, distributing his or her property. Their assets will go to the deceased’s closest relatives under California’s intestate success laws.
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Wednesday, August 7, 2019

What You Should Know About Probate

Losing a loved one can be hard. But when you add in having to deal with their estate it can get extremely difficult and often overwhelming – especially if it goes to probate.

Probate is the settling of an individual’s estate by a court-appointed executor. Although it can be simpler if the estate fits within a certain tax bracket, when it does not it can require a long, often expensive court process, sometimes lasting years. 

Can You Avoid Probate?

If the executor is able to prove that all debts have been paid by the value of the estate and there are no significant debts remaining, probate can be avoided.
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Saturday, June 15, 2019

California Allows Plaintiffs to Recover Additional Costs When Suing Decedent’s Insurer

Sometimes the individual who was responsible for causing you injury may pass away before you have the opportunity to bring suit for damages. So what can you do if this happens? You have the option of bringing suit against a deceased person’s estate. However, in the state of California, this is not always the easiest task. 

Claimants Must Act Quickly When Dealing with a Decedent’s Estate

In most state cases, those interested in bringing suit against a deceased person’s estate must first file what is called a creditor’s claim, before they are able to proceed with bringing a lawsuit in Superior Court. Since claimants only have a one-year statute of limitations under California Code of Civil Procedure section 366.
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Saturday, February 23, 2019

How Does Probate Work in California?

Probate is how an estate gets settled under court supervision. When someone dies intestate (without a Will), the court will appoint an individual (usually an adult child or surviving spouse). However, if there is a Will, it may contain a nomination for an individual to appoint as an executor of the Will. This individual has authority under the law to gather and to value the assets of the estate, to pay taxes and bills, and to distribute the assets to the named beneficiaries of the Will (those whom the decedent assigned an asset to be left to).

What is the Purpose of Probate?

The purpose of probate is to prevent the occurrence of fraud after someone has passed away.
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Thursday, October 11, 2018

Reasons and Legal Mechanisms to Avoid Probate

How can I avoid probate in California?

Avoiding probate in CaliforniRead more . . .

Tuesday, February 6, 2018

When Do You Need a Probate Lawyer?

If you have recently been named as an executor, you may want to seriously consider hiring a probate lawyer to help you with your 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 after you discover you are the executor.
Read more . . .

Wednesday, January 10, 2018

Avoiding “Helter Skelter” Estate Planning Mistakes

Q: What happens when multiple wills are presented for probate?

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 appears to be a prime example of why people should consult a skilled estate planning attorney to ensure that their assets are distributed and their bodies disposed of in the matter they wish.
Read more . . .

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