Newport Beach Business, Real Estate and Probate Law Blog
How should you respond to a mechanics lien against your home?
Owning a home requires a lot of money. You have to pay the mortgage, pay for insurance and take care of everything that breaks. You also need to make regular upgrades if you want to eventually sell the property for a good price. When you hire someone to make repairs,...
Collecting debts after a debtor dies is complex
When a creditor learns that a debtor has passed away, there are several things that might happen. Some creditors might just forgive what’s owed, but this might not be possible in some cases. Creditors will sometimes opt to pursue a claim against the decedent’s estate....
When trust disputes arise, make sure you have legal counsel
A legal trust is one of the most powerful tools to include in an estate plan. They help the trust's grantor manage their assets while alive and ensure a smooth and efficient transition of their affairs after their death. There are many types of trusts to choose from....
In California, how do you remove the executor of an estate?
The executor of a person’s estate holds a position of significant authority. A person who serves in that capacity is expected to act in a way that is responsible, honest, trustworthy and reliable. The duties of an executor may include carrying out instructions...
Should you contest a will with a no-contest clause?
If someone you love has passed away and unexpectedly changed your inheritance or cut you out of their will, you have every right to be concerned. Those changes should have been discussed with you. If you were expecting a different outcome and have heard that a sibling...
How can you bring a claim against an estate as a creditor?
It's easy to put off aggressively collecting on a debt. As a business, you may not want a lawsuit or similar aggressive collection activity to damage your brand and reputation. As an individual owed a debt by another person, you may just expect them to make good on...
Most people are still carrying significant debts when they die
People often think of their golden years as years when they will live beyond their debt. They’ll have paid off their homes, saved for retirement, finished paying back student loans, etc. They’ll be done living with debt or living from one paycheck to the next. That’s...
How caregivers abuse their position in the hope of an inheritance
Older adults and people with medical conditions often require caregivers. Whether the caregiver is a member of your family who leaves their job to live with an aging loved one or a professional that your family hires, they are in a position of authority. They control...
What do you do if assets are missing from a loved one’s estate?
When your loved one’s estate is missing assets, it could be a sign that they were taken advantage of or that someone has been stealing. It’s just a fact that some people will do anything they can to take from someone else who is unable to protect their assets or who...
You can potentially go to court to address title defects
Whether you purchase or inherit a property, it could come with issues on its title that impact your ownership rights. Someone else's name or a lien are common defects. Typically, such issues get addressed when a title insurance company produces a policy on the...