Someone who takes the time to put together an estate plan typically has people they want to protect and/or a specific personal legacy in mind. Their documents should be a reflection of their personal preferences, not the wishes of other people in their life....
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Estate Litigation
2 times executors could be liable for an estate’s unpaid debts
An executor, personal representative or administrator of a California estate has numerous obligations that they must fulfill. Not everyone is capable of serving in that role, which is why testators often think carefully about who to name to carry out their last...
When an executor violates someone’s right of first refusal
It is difficult for older adults to properly address real estate in their estate plans. Although the homes where they live may be among their most valuable property, the sentimental value of the home may lead to someone’s desire for loved ones to live there rather...
Can estate beneficiaries prevent a lowball real estate sale?
An inheritance isn't official until someone actually receives assets from the estate of a loved one. Technically, beneficiaries of an estate won't receive anything until the executor settles accounts and files appropriate paperwork with the probate court. Such claims...
2 times beneficiaries may seek to remove the executor of an estate
The executor of an estate distributes property to beneficiaries, communicates with the probate courts and settles someone's affairs. It is a solemn and often largely thankless job that people perform out of respect for the deceased individual or concern for the...
How do you bring a creditor’s claim against an estate in probate?
It would be nice if everyone’s debts were fully settled when they died, but that rarely happens – and it’s not always easy to understand what steps you need to take to collect from an estate. In California, there are some strict deadlines that you need to follow and...
Does a no-contest clause actually prevent a dispute?
If an estate plan has a no-contest clause, it can make it more difficult for disputes to begin. After all, the goal of that clause is simply to keep people from wanting to contest the terms of the estate plan. It’s important to note that this doesn’t mean that it’s...
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...