3 signs an executor has breached their fiduciary duty
An executor is responsible for managing an estate’s assets after a loved one has passed away. During the probate process, the executor will resolve the estate’s debts, file taxes and distribute any remaining assets to beneficiaries. An executor has a fiduciary duty to always act in the best interests of the estate and beneficiaries, which […]
When can the courts remove a personal representative?
Personal representatives or executors often commit a year or more of their time to estate administration. They carry out the last wishes of the deceased individual, repay creditors and manage estate resources. They are in a position of trust, and therefore they have a fiduciary duty to the beneficiaries of the estate or the heirs […]
What are the duties of an estate executor?
When a person creates an estate plan, they have to decide who will be the executor of their estate. This is the person who will handle the administrative duties once the creator dies. It’s critical that they name a person who can reasonably handle those duties. Understanding exactly what an estate executor has to handle […]
Undue influence and a position of power in estate planning
Undue influence is sometimes a reason for litigation over an estate plan, a will, or even a trust. Essentially, it is an allegation that someone else influenced the person who was creating that plan. They would not have set the plan up this way on their own but were unfairly influenced by an outside party. […]
Why do sentimental items lead to estate disputes?
People often assume that their beneficiaries may get into estate disputes over major items. Maybe their parents’ house is incredibly valuable, and some beneficiaries want to keep it, while others simply want to sell it so they can get a portion of the money. They are looking at assets from a financial perspective, and big-ticket […]
What you need to know about contesting a will in California
It is important that a person’s last wishes are respected after they pass away. However, there may be issues with a will or how a will was created that can leave loved ones confused and worried about how the deceased’s estate is managed. If family members and loved ones feel that there is an issue […]
Has a trustee refused to make appropriate distributions?
People create trusts for many different purposes. Those who want to provide support for a family member with special needs might fund a trust. People concerned about creditor claims against their personal property might establish trusts to protect their assets. Trusts can control resources ranging from businesses and financial accounts to real property. The trustor […]
Can personal representatives reject creditors’ claims?
When someone dies here in California, their estate must go through probate before any assets can be passed on to their heirs and beneficiaries. Part of that process involves the estate paying off any outstanding claims from creditors who submit bills to the estate. However, it may be possible to avoid paying all the claims […]
3 reasons to revoke power of attorney authority
During the estate planning process, establishing a power of attorney is a crucial part of ensuring one’s affairs are managed effectively in the event of incapacity or other narrowly tailored circumstances. A power of attorney helps by granting authority to a trusted individual to enact decisions on the grantor’s behalf in the event of an […]
Sentimental items cause difficult estate disputes
Estate disputes can happen for many different reasons and surrounding a variety of assets. In some cases, it’s just about money. A group of beneficiaries has been left a significant sum of money that will change their lives, and they can’t agree on how that money should be divided under the terms of the estate […]