Preparing for the death or incapacitation of an executor
The death of a loved one is an unfortunate but unavoidable time for families throughout California. One way people can provide for their loved ones after passing away is with a proper estate plan. And there’s almost no more vital role in someone’s estate plan than the executor. When an executor’s duties become official An […]
Can you sue a trustee?
Many trusts are operating in California, and these are designed to oversee a massive amount of assets in a variety of ways. Trustees are the people who hold legal responsibility for managing trusts. Most trustees manage these trusts with diligence and propriety. Unfortunately, some trustees either make errors or are acting with deliberate malfeasance, and […]
How does ancillary probate work?
Sometimes the probate process that occurs after a person’s death can become much more complicated. This is often the case in the state of California where certain residents may own property that exists in other states. Navigating such a probate case can be difficult as a beneficiary or executor of a will, but the law […]
The warning signs of diminished financial capacity
As we age, our cognitive abilities will naturally decline. At first, the signs of this decline are relatively mild such as forgetting where the remote is or forgetting to wear a jacket when it’s cold outside. Depending on how bad your condition gets, you may need to live in a California nursing home. Nursing homes […]
This is the time to update your estate plan
California intestacy law dictates how assets held in your estate are allocated if you die without a will or a trust. State law may also take effect if your will or trust is found to be invalid for any reason. Therefore, it’s important to review and update your estate plan on a regular basis to […]
When an executor should obtain a bond in California
Handling someone else’s large estate in California is not an easy job. Sometimes, the executor may see it fit to obtain a surety bond, or the probate court might order it based on the individual circumstances. Here’s how that works. Understanding surety bonds A surety bond is a type of insurance policy that guarantees the […]
Can you reduce the cost of probating your estate?
Most people want to leave an inheritance for the people they love when they die. And when you’ve worked hard your entire life to make wealth, it’s only sensible that you leave as much of it as you can to your loved ones. It’s for this reason that most people plan their estates. However, the […]
What are the fiduciary duties of an estate executor?
The role of an estate executor is a position of considerable responsibility and trust. When a person is appointed executor of an estate, they must manage and settle it. This role is governed by a set of fiduciary duties that are legally binding and designed to ensure the executor acts in the best interests of […]
How does undue influence work in estate planning?
Undue influence isn’t something that is limited to estate planning, even though that’s where it often shows up. It just happens when one person uses a position of power to influence the other person to make a decision that is not in their own best interests or that they otherwise wouldn’t have made on their […]
4 signs a trustee is violating their fiduciary duty
A trustee is the person who manages a trust’s property and general finances. That’s a powerful position. As such, they have what is called a “fiduciary duty” to put the interest of the trust and its beneficiary ahead of their own. It’s sometimes difficult for beneficiaries of a trust to know when a trustee is […]