An executor may face challenges from the family while probating an estate. A question might even arise regarding what authorities the decedent's power of attorney has to make decisions. Understanding the differences between the two roles can clear up confusion on the...
When heirs or beneficiaries are minors, you need a guardian ad litem
When a parent dies, leaving minor children as survivors, the minor children have inheritance rights. Whether the minor children inherit under a will or they inherit as intestate heirs, their rights must be represented in the probate process. Because children cannot...
What is simplified probate in California and do I qualify?
Probate law in California can be confusing even to the most versed estate planners. Many estates in California are worth millions and can take years to sort out after someone’s death. Thankfully, estates that are valued below $166,250 are considered “small estates.”...
Parties involved in will contests in California
A will contest is a legal proceeding that takes place when someone disputes the validity of a will. In California, specific parties are involved in a will contest. Let's take a look at who they are. Interested parties in will contests in California The contest of a...
Statutory duties of personal representative in California
When someone dies, their estate must be administered according to California law. This process is generally complex and the personal representative (executor or administrator) has many legal obligations. Here are some of them.
Create an executor checklist to avoid estate problems
An executor must know of the duties that are assigned to his or her care. In California, any person who acts irresponsibly in this role could face a probate lawsuit from a beneficiary or creditor. Making a checklist helps an executor to avoid unnecessary probate...
Do beneficiaries really sue executors?
Depending on the case, the beneficiary of an estate and even another interested party can take action against an executor. Beneficiaries (or heirs) rely on an executor to administer assets and close out an estate. These individuals have a right to sue an executor (or...