Undue influence is a frequently contentious issue in probate litigation. Usually, the court appoints a guardian to carry out an undue influence for an incapacitated person. However, that extent of influence can be challenged in a …
California real estate can be a great investment. It makes sense to keep your portfolio in the family and protect it by adding it to a trust. Transferring real estate into a trust is pretty simple when the property has been paid o…
In California, removing a trustee from a trust is a serious step if a trustee is behaving in an inappropriate way. There are a few different aspects of trustee behavior that can qualify them for removal, and it's the step to take …
Appointing a trustee over your estate can be a stressful decision. Sometimes, people choose to select a corporate trustee over a friend or family. There are many reasons to appoint a third party to act as trustee when estate plann…
When California couples decide to marry, they may also be prompted to make other decisions about their future planning. This is especially true for people with specific circumstances, such as owners of closely held businesses or p…
An estate executor is a person or institution in the estate administration and probate process that is in charge of executing the estate and managing the estate property according to the wishes of the deceased. In some cases, an e…
In the administration of an estate, probate law in California allows people to handle the procedures as much on their own as possible. However, there are times when a judge and probate attorney are needed to properly administer an…
Although it’s never a pleasant thing to think about, you might wonder what happens to your debt after you die. Debts can be complex, but you don’t want to leave them to your family in California to have to deal with in the event o…
In California, there is a difference between Conservatorship of the Person and Conservatorship of the Estate. Conservatorship of the Person is designed to ensure that the person has appropriate access to food, shelter, clothing, a…
The last will and testament concern an individual's assets and how they will be distributed. A handwritten will is valid under California law if it meets minimal requirements. Known as a holographic will, it is an acceptable legal…
Probate refers to a legal process followed when settling the estate of a person when they die. During the process, the court appoints a representative whose role is to distribute the property to the descendants according to the la…
When you set up a California trust, you get even more protection when it is irrevocable. This largely separates you from legal ownership of the assets for items such as Medicaid trusts. However, irrevocable usually means that the …
