After someone in California dies, it is very common for them to leave behind significant credit card debt. Then the credit card company must decide whether to pursue a claim on the debt. Because California is a community property state, if the deceased is survived by...
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Year: 2021
3 crucial elements in proving lack of testamentary capacity in California
The death of a loved one often results in a challenging time both emotionally and financially for surviving heirs. Unfortunately, it is not uncommon for these individuals to question the validity of a will and other estate planning documents. Common challenges can...
California trustees, you can defend against claims of wrongdoing
Those who agree to become trustees or executors usually do so because they care about the decedent and their relatives. When allegations of misconduct such as breach of fiduciary duty arise, it can be extremely disheartening for them. In addition to feelings of...
How does home title fraud work?
In order to avoid being the victim of a home title fraud scheme, you need to know how these schemes work. This can help you to see the red flags and avoid taking action that may put you in a compromising position. There are many different types of fraud, so do not...
4 common causes of property title disputes
The title of your property provides proof of ownership and also offers a level of legal protection. This may be vital if you plan to sell or transfer the property at some point in the future. Unfortunately, titles may not always be as they first appear. Defects with...
What you need to know about breach of fiduciary duty
A fiduciary duty is a legal responsibility assigned to a person in a position of trust, like the executor of an estate or a trustee, to act in another's best interests. If they fail to do so, they have breached their fiduciary duty, and in that case, you may seek...
3 ways the executor of an estate could fail in their duties
Serving as the executor of an estate is a difficult job, and you may feel grateful that someone else willingly accepted that role after someone you loved died. Knowing there is someone to manage your loved one's assets and debts can give you space to grieve. Whether...
How to handle creditor claims on a California estate
There's a common misconception that a person's death eliminates their need to repay their debts. This isn't the case, though. A person’s death does not do away with creditor claims for business or personal debts. Creditors must act quickly to avoid losing out on the...
What can a quiet title action do for your real estate dispute?
Spending years living in a property only to find out that it may not be yours could send you into a panic. Yet, there is often a simple way to resolve the issue. Quiet title actions are a relatively quick and inexpensive way to clear up doubts and verify who owns the...
What can you do when you don’t trust a trustee?
Your family has always been careful about money, which is why your parents or grandparents set up a trust to provide for you and your siblings well into the future. So, what’s the problem? Well, you don’t trust the trustee. You feel like you have good reason to...