People sometimes talk about probate litigation as though it were innately frivolous. They may imply that those fighting over someone's estate do so out of greed. While that may be the case occasionally, the probate courts don't generally grant hearings over minor...
Estate Administration & Probate
3 assets that do not belong in your will
A will is one of the most important estate planning tools you can ever create. With a valid will in place, you can have peace of mind knowing that your assets will go to the right beneficiaries when you die. However, not all assets belong in your will. Understanding...
Executors need to do these 3 things immediately
If you were given the privilege to act as your deceased one’s executor then you were given a job of high honor. It goes without saying, your job is one full of trust, responsibility and timeliness to act out the deceased’s wishes. You could be held personally liable...
How undue influence can invalidate a will
A will should reflect the last wishes of its maker on how their estate should be handled after they are gone. But what if they were unduly influenced into creating the will through coercion or other overbearing tactics? In such a case, the court could declare the will...
Selling the home may be one of your biggest jobs as an executor
If you’ve been chosen as the executor of a family member’s or friend’s estate, you may be somewhat relieved that they designated their home to be sold rather than leaving it to one (or more) of their heirs. This can prevent a lot of complications and conflicts. Often,...
What is a gift causa mortis?
Estate planning can seem simple and complex at the same time. On the one hand, your loved one’s estate plan distributes your assets to your loved ones. On the other hand, many nuances can make a simple will more complex. An estate plan distributes what your loved one...
What happens during probate?
The word probate has a negative connotation for many people, but that is usually due to rumors they hear about the process and not their actual experience with it. In most cases, probate is not something to fear. It is actually quite helpful. According to California...
Paying bills too quickly: A common probate mistake
As the executor of a will, it goes without saying that you will want to make all the right decisions in a timely manner. Unfortunately, this can lead to a situation in which you get ahead of yourself. It's a common mistake to pay bills too quickly. While you don't...
What are the biggest challenges facing executors?
If you find yourself the executor of a will or trust, you know that you have been staffed with a big responsibility. While there are many steps you need to take to push the process forward, you don't want to get too far ahead of yourself. Unfortunately, you could be...
Can a debt collector contact you after a loved one dies?
When a loved one passes away, it goes without saying that it will take quite some time to get your life back on track. As you grieve, you may be responsible for tackling a variety of tasks. Don't be surprised if a debt collector contacts you in an attempt to discuss a...