Newport Beach Business, Real Estate and Probate Law Blog
What types of issues can occur with real property titles?
The title to your real property is the key to proving ownership if it ever comes into question. You need the title if you ever plan on selling the property or transferring it to another person. If you learn that there are issues with the title, you need to ensure that...
Why siblings go to war over a parent’s estate
If conflict is going to emerge within a family, then it's generally either going to happen around a death. Money disputes have a way of bringing out the worst in people, and siblings aren't immune from this problem when their parents die. Siblings are apt to contest...
What should you expect if you contest a will?
If you are unhappy with a loved one’s will and decide to contest it because you believe it was altered unfairly, you need to be cautious about how you proceed. One of the first things you should do is to look at the will and estate plan to be sure there is not a...
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...