What are the signs of undue influence?
Probate is the process through which a deceased person’s estate is administered and assets are disseminated among heirs. Unfortunately, things can go wrong during the California probate process. This includes claims of undue influence. Examples of undue influence In the context of probate litigation, undue influence can be defined as strategies used to convince or […]
Senior financial abuse laws
In California, financial abuse of the elderly is punishable by state and federal laws. California Welfare and Institutions Code section 15600 and other codes define financial abuse of an elderly or disabled individual and outline the consequences should a court find a person guilty. Elder financial abuse The law defines the elderly as any person […]
The legal grounds for challenging a will
In California, if you believe that a will is invalid, you may have the option to contest it in court. This process allows individuals to challenge the will’s validity and present evidence to support their claims. There are several grounds for contesting a will, including questions of testamentary capacity, undue influence and fraud. Created with […]
Handling probate and long-term healthcare in California
Planning long-term care for yourself or an aging loved one in California can be complicated. In addition to meeting the needs of your loved one, you also must figure out how to deal with the cost. Dangers of using Medicaid coverage Medicaid can help pay the expenses of a nursing home and other long-term care […]
TOD accounts can be used to avoid probate
When a person dies in California, the probate process can be long and expensive. For that reason, many people look to use legal instruments to pass assets to their heirs outside the reach of probate. One way to do that is to use a transfer on death account, or TOD account. With a TOD account, […]
The process of buying a probate home
Whether you’re buying a home for yourself or as part of a property management business, there are many homes for sale in California. With that in mind, you might think about buying a new property through a probate sale. Before you make any offers, it’s good to learn how buying a probate home works. Listing […]
Probating a will
To probate a loved one’s will in California, one must appear in court and have the appropriate forms filed. These are the basic steps necessary in any probate to establish proof of the will’s validity to the court. What is probate and how is it done? Probate is a way of transferring property from a […]
Grounds for removing an estate executor in California
When someone creates a will in California, they must name a man, woman, or sometimes a bank or a trust company to carry out their wishes or provisions of their will, among other tasks. However, there are circumstances where the beneficiaries or other people with a vested interest in the deceased’s estate can petition to […]
Retirement accounts and probate
Retiring in California is the dream of millions of people. However, this dream may be derailed when a person dies and their estate passes into probate. For individuals with a large estate, probate can be a useful tool to avoid problems. Probate is a complex process for some estates that can tie up an inheritance […]
The duties of a personal representative or estate executor
The executor of an estate is the person who you name in your will or in your estate plan to carry out your wishes, pay your debts and in other ways settle your estate after you pass away. A personal representative carries out exactly the same duties as an executor; the only difference is that […]