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 […]

Tags: beneficiary, contest a will, heir, inheritance, no-contest clause, Probate, testator, will
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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 […]

Tags: abatement, beneficiary, codicil, ex parte, Fiduciary, fiduciary duty, intestate, intestate probate, Letters Testamentary, Probate Fiduciary
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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 […]

Tags: Assets, court, debts, Estate, executor, Probate, taxes, Trusts, Wills
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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? […]

Tags: beneficiary, death, incapacitation, irrevocable trust, revocable trust
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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 […]

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 […]

Tags: administration of estates act, Form DE-111, letters of special administrator, Letters Testamentary, limited authority, Probate, the estate, the executor, will
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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, […]

Tags: accountability, beneficiary, fair treatment, Fiduciary, Probate, rights, timely distribution, Trusts, Wills
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On paper, becoming an executor or administrator of someone’s estate means you’ve been entrusted to take on an enormous responsibility. Some may consider it an honor… but before you accept this relatively unenviable task, it’s best to understand the key factors of what the job itself entails. Key Factor #1 – Understanding the Difference Between […]

Tags: administrator, executor, Fiduciary, Probate, Probate Fiduciary, Trusts, Wills
Posted in Estate Planning - Wills, Trusts, and Probate, Executor, Probate Code | 1 Comment »

Grieving a loved one is painful. Unfortunately, the state doesn’t care—they still expect you to complete the daunting probate process within a year of your loved one’s death. But where to start? 1. File the Probate Petition The first step is to file a request to begin probate with the court. Fill out form DE-111, […]

Tags: beneficiaries, beneficiary, distribution of assets, executor, handling taxes, heirs, managing of assets, paying debts, Probate, probate petition
Posted in California Law, Estate Planning - Wills, Trusts, and Probate, Litigation, Probate Code | No Comments »

Probate is oftentimes a long, costly process, especially when bequeathing a house. The best way to avoid your home being placed in probate is to setup a living trust. However, some believe the best way to transfer a home to their child without probate is to add them to the title of their home. The […]

Tags: gift, home taxes, home title, legal rights, litigation, parent/child exclusion, Probate, tax, tax burden, title, transfer, trust, trust of survivorship
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