If you have been appointed as the personal representative of someone's estate, you're probably wondering whether the entire estate, including property and trusts, will have to go through the probate process. Some types of assets are subject to probate while others are...
The challenges of being an executor for a family member
The executor of an estate is the individual who is tasked with making sure that the wishes of the deceased are carried out as instructed. This may sound very simple in theory but, in practice, it can actually be quite challenging. You’re a family member of the...
What if you don’t have the time to execute a will?
Many parents name one of their children as the executor of their estate. Executing a will can be complicated, especially during an emotional time. But what if you also don't have the time or ability to carry out their final wishes? If you don't have the time or...
Do you have to follow a person’s will regarding life insurance?
As the estate administrator, you know that it’s your job to pass the assets out to the heirs. The will is your guidebook that tells you how this is supposed to be done. You have to follow the instructions laid out for you by the person who died. Say that estate plan...
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...
Skills and traits you need as an executor
Your elderly relative named you as the executor of their will. Now they are dead, you’re keen to carry out this task to the best of your abilities, but you’re not quite sure what being an executor entails. To carry out this assignment effectively, you’re going to need...
Does the estate executor influence who gets which assets?
After a loved one has passed away, the estate executor takes charge. They help to work through the probate process by getting the will admitted to probate, gathering and managing the assets, paying the bills and things of this nature. Ultimately they will distribute...
Does the executor have to pay an estate’s debts?
Your parents recently died and you were named the executor of their will. (If there is no valid will, this is called the "administrator.") It simply means that you're the one that handles the estate and takes care of things after your parents have died. As everything...
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...