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Probate

Tuesday, December 12, 2017

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.
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Monday, November 13, 2017

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 are much more likely to arise. 

Family members may take issue with a variety of topics related to an estate plan. When those conflicts arise, interested parties can challenge estate planning tools by initiating Read more . . .


Tuesday, November 7, 2017

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 both when you are named and as you consider who should be an executor. Having someone trustworthy and reliable to fulfill this role will ensure that your last wishes are satisfied. Of course, if you are an executor, it is important to have someone who can help you carry out your duties, such as an Read more . . .


Monday, October 2, 2017

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 a faster, more streamlined probate process.
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Monday, September 18, 2017

Frequently Asked Questions About the Probate Process in California


Do I need an attorney if I am named a personal representative?

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 estate plan, have been named as a personal representative, or are the heir to an estate in probate, you likely have many question about the probate process in the state of California.  Our


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Friday, August 11, 2017

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.


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Monday, July 31, 2017

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.


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Saturday, July 29, 2017

Accepting Your Job as an Executor


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, those who pass may not always have the foresight or time to have this conversation. As a result, you may have an executor assignment that you did not necessarily agree to carry out.


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Thursday, July 27, 2017

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 or declaration 40 days after the date of death has passed. This document will be used to collect the assets of the estate for distribution.


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Monday, June 19, 2017

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 arises among family members. 
 
While these disputes may arise when assets are not distributed equally among the beneficiaries, particularly adult children, a will can be contested for a number of reasons, including:

  • The testator lacked capacity
  • There was undue influence on the testator
  • The will was not properly executed
  • The will was prepared fraudulently 

Avoiding a Will Contest: 101

Although will contests are not uncommon, there are steps you can take to avoid a will contest and intervention by the probate court. One of the common mistakes people make in estate planning is procrastinating, and not preparing a will until their health is failing.
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Wednesday, May 31, 2017

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 speaking, there is little difference between the duties of an executor or an administrator. They will have the same responsibilities, but there are a few differences. The most important differences are how the individual gains his or her role and the “instructions” they must use to go through the


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