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 […]
Can you contest a power of attorney for agent misuse?
Does something seem suspicious about the use of a power of attorney (POA) that is supposed to protect a loved one? Unfortunately, misusing the authority these documents grant happens more than you might imagine. If you are concerned that power of attorney abuse or misuse has compromised your family member’s decisions and finances, you may […]
Recognizing and acting on testamentary capacity concerns
When a loved one passes away, the emotional toll can be overwhelming. Amidst the grief, families often face the daunting task of managing the deceased’s estate. Sometimes, concerns arise about whether the decedent had the mental capacity to make sound decisions regarding their will. When the concerns are valid, worried loved ones may be able […]
What does undue influence look like?
Undue influence can be a problem when it comes to estate administration. The estate executor may read the will and feel like it heavily favors one individual. Maybe there have been last-minute changes that allot a significant portion of the estate to that person. The executor may wonder if they used undue influence to get […]
What is a defective accounting probate claim?
A defective accounting probate claim can arise when there are discrepancies, errors or omissions in the financial records provided by an executor or administrator of an estate during the probate process. This particular kind of legal action acknowledges that accurate accounting is important for ensuring the proper distribution of assets to beneficiaries and creditors. During […]
What does it take to successfully contest a will?
In the wake of a loss, you might be considering contesting a loved one’s will. But before embarking on this path, it’s crucial to understand the legal process, potential grounds for contest and the significant implications involved. To contest a will, you must have “standing,” which means your financial situation would be impacted if the […]
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 […]
What does a probate judge do to administer an estate?
In California, the role of a probate judge is crucial in ensuring a smooth transfer of assets to a decedent’s heirs. Probate judges ensure the settlement of the estate’s debts and asset distribution according to the deceased’s wishes. These judges also handle estates when someone leaves no will or a relative contests the will. Understanding […]
Understanding probate sales in real estate
If a person in California passes away and does not have their home in a trust, their assets must go through a legal process called probate. The heirs may want the house sold to access the proceeds for paying off debts and distributing the remainder. Probate homes may present a unique chance at getting a […]