What you need to know about probate sale in California
In a turbulent real estate market, some California residents might be looking to purchase real estate through a probate sale. There are a lot of advantages to purchasing property this way, but it can be a risky endeavor when not done carefully. What is a probate sale? A probate sale is what happens when a […]
Are executors liable for unpaid probate taxes?
Did you know that if you are the executor or the personal representative of an estate in California, you are responsible for paying any associated federal and estate taxes? That duty extends further than you may think. Here is what you need to know when you agree to take on that role. Executors have personal […]
Taking inventory of an estate’s assets
Surviving family members may find themselves wondering how to go through the probate process. Even with a competent executor handling representation duties, administering an estate may come with challenges. Organized executors who understand the importance of taking an inventory of assets could move things a little faster through California probate proceedings. The value of an […]
Understanding probate bonds and the cost in California
Although no one ever wants to believe it, there are times when the individual administrating or executing an estate doesn’t work in their heirs’ and creditors’ best interests. This is why probate bonds exist and are so vital to the estate planning process. Probate is a financial guarantee bond that is issued in order to […]
The meaning of undue influence in probate litigation
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 court in California. Undue influence is never a permanent decision and contains terms that can be contested by a […]
What are will contests and challenges?
Not all probate proceedings in California move along smoothly. Heirs, beneficiaries, and interested parties might have strong disagreements with the contents of a will. The conflicts may result in someone taking legal action. Namely, the person might choose to contest the will. If the person has legitimate reasons and standing, then the court may make […]
Does every asset have to go through probate?
No matter how you arrange your estate, you might not be able to avoid probate for your loved ones in California. However, probate isn’t necessarily a bad thing. During the probate process, a judge will make sure that your assets are distributed according to your wishes. What are some assets that have to go through […]
Probate bonds in California
Administration bonds, which are usually referred to as probate bonds in California, are posted on behalf of individuals appointed to administer estates to ensure that they will discharge their duties in accordance with state law and follow the provisions of the will. Probate bonds are not required if the decedent placed their assets into one […]
How Can A Probate Litigation Attorney Help You?
Few people are prepared for the immediate reality of probate litigation until it is far too late. Faced with time-sensitive tasks like funerals, life insurance, property issues and family disputes, the idea of launching a potentially weeks or months-long legal case is the furthest thing from most people’s minds. WHAT ARE THE PRIORITIES? The first […]
When to Consider Probate Litigation
A person’s Last legal documents, like a Last Will and Testament or a Trust, should be crafted with the help of an attorney who can ensure the document will avoid legal missteps. However, some documents are prepared by individuals with inadequate legal knowledge, which may lead to a document being probated in court for clarity. […]