Your father just passed away. You’ve said your final farewell at the funeral, but then realize this is only the beginning. It’s now time to start the arduous probate process. Emotions are already running high, but now you’ve realized there’s something wrong with the will your father left. As a beneficiary who was expecting to receive part of the…[...]

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Tags: beneficiary, contest a will, heir, inheritance, no-contest clause, Probate, testator, will
Posted in Beneficiary, California Law, Estate Planning - Wills, Trusts, and Probate | No Comments »

Becoming the executor of an estate is not an easy proposition, especially when you are unfamiliar with some of the legal terms associated with the tasks you will be required to perform. Some of these terms—assets, debts, heirs, inheritance, and jurisdiction—may be somewhat common knowledge to most. But there are some terms that if you do not fully understand, may…[...]

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Tags: abatement, beneficiary, codicil, ex parte, Fiduciary, fiduciary duty, intestate, intestate probate, Letters Testamentary, Probate Fiduciary
Posted in Estate Planning - Wills, Trusts, and Probate, Executor | No Comments »

When you agree to be the executor of a will, there are plenty of responsibilities you must take on. (See our 6-Step Process for Probate for more). Here, we break down the three key responsibilities of an executor when managing the probate of an estate. First, Collect the Assets. Collecting assets seems straightforward, but there is a lot to consider.…[...]

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Tags: Assets, court, debts, Estate, executor, Probate, taxes, Trusts, Wills
Posted in Estate Planning - Wills, Trusts, and Probate, Probate Code, Wills | No Comments »

Screenshot Even though you can legally take on the responsibilities of a loved one’s financial and medical decisions when they become unable to do so themselves, being a conservator isn’t to be taken lightly. It’s not just about signing a document; that’s just the beginning. There are many ongoing obligations of a conservator of an aging adult that must be…[...]

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Tags: best interest, California, conservatee, conservator, court, finances, financial, healthcare, legal, person, personal, records
Posted in Conservatorship, Custody, Family Law, Uncategorized | No Comments »

A living trust, also known as a revocable trust, is a great way for someone to protect their family members from the long and sometimes arduous process of probate. What some may not know is how to turn that revocable trust into an irrevocable trust. What’s the difference between a revocable and an irrevocable trust? When a revocable trust is…[...]

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Tags: beneficiary, death, incapacitation, irrevocable trust, revocable trust
Posted in Beneficiary, Estate Planning - Wills, Trusts, and Probate, Trusts | No Comments »

Obtaining the death certificate, filing the petition for probate, notifying beneficiaries and creditors, appraising and distributing assets, and paying off debts is already a lot for an executor of a will to handle. But with a rise in the use of computers to handle most everything in our lives and the increase in second or third marriages, it becomes clear…[...]

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Tags: Assets, blended family, death, digital, digital accounts, Estate Planning, families, laws, Probate, second marriage, will
Posted in Estate Planning - Wills, Trusts, and Probate, Executor | 1 Comment »

As part of our primer for probate in California, the first step for initialing probate is to file your probate petition. Filling out Form DE-111 is the first step to take in California to appoint a personal representative or executor. Let’s breakdown the initial information requests at the top of the form. The Executor and the Estate The contact information (if…[...]

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Tags: administration of estates act, Form DE-111, letters of special administrator, Letters Testamentary, limited authority, Probate, the estate, the executor, will
Posted in Estate Planning - Wills, Trusts, and Probate, Executor, Legal Documents, Probate Code | No Comments »

When someone you love begins to show signs of dementia or other cognitive declines, you may be faced with several emotional and practical challenges. For instance, your loved one’s behavior may change, or they may begin to lose their memory or the ability to perform daily tasks, leading to financial losses or further decline in health. When this occurs, a…[...]

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Tags: advanced healthcare directive, alternatives, conservatorship, dementia, durable power of attorney, financial decisions, healthcare decisions, living trust, Probate, supported decision-making agreements
Posted in Conservatorship, Legal Documents | No Comments »

Screenshot A lot of things can happen when an executor or administrator of an estate begins the process of asset distribution—asset mismanagement, distribution delays, and lack of communication among them. As a beneficiary of a trust or an estate, you are entitled to certain rights. Knowing these beneficiary rights will help set appropriate boundaries and expectations, ensuring proper administration of…[...]

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Tags: accountability, beneficiary, fair treatment, Fiduciary, Probate, rights, timely distribution, Trusts, Wills
Posted in Beneficiary, Estate Planning - Wills, Trusts, and Probate, Executor, Probate Code, Trusts, Wills | No Comments »

When you hear the term probate, the first thing that comes to mind is the process of distribution of assets after someone’s death. However, the Riverside Probate Code covers much more than the administration of wills and trusts. From conservatorships and child support to foreclosures and health care, if you are unfamiliar with the ever-evolving changes, it could cost you…[...]

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Tags: California, Child Support, code, conservatorship, Law, Probate, Probate Code, Riverside, Southwest Justice Center, Temecula Superior Court
Posted in California Law, Probate Code | No Comments »