Those who die in California will have their estates pass through the California probate courts. If they leave behind an estate plan or will, their documents will determine what happens to their property. Otherwise, California intestate succession laws will guide the...
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Estate Planning
How California law protects older adults from caregiver abuse
It is against the law to abuse or mistreat someone, especially individuals in vulnerable positions. If there is evidence that someone physically abused a family member or older adult in their care, they could face prosecution. However, many people who mistreat older...
Should you contest a will?
When someone writes a will, it is usually with the intention of those wishes being carried out. Unfortunately, when people are manipulated or confused, they may make changes that they don’t really want. There are times when it’s appropriate to contest a will and its...
2 tax returns an executor must file during probate proceedings
Probate administration is a complex process. You have numerous responsibilities to manage if you agree to serve as the executor of an estate. You have to contact family members and beneficiaries. You have to send notice to creditors. You will also have to arrange for...
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...
2 kinds of estate fraud that could impact what you inherit
When someone close to you dies, nothing will diminish the pain of that loss. However, as time passes, you may turn to the legacy left behind by your loved one as a reminder of how important they were to you and how much they valued you. Many people carefully plan...
How do you prove undue influence?
One of the grounds on which you can bring a will contest is undue influence. It means someone has used their position to persuade a person to change or make a will in a certain way leading to inequity. We are all influenced by other people all the time, yet sometimes...
How do you file a claim against someone’s estate?
Someone who owes you money may be slow about paying you back. You may have to agree to small monthly payments, especially if they are an older adult living on a fixed income. Being flexible makes it easier for people to pay you back, but it also means you risk not...
Dealing with an estate’s difficult heirs
There’s an old saying that “weddings and funerals bring out the best and the worst in people.” As the executor of someone’s estate, you may (unfortunately) find out exactly how true part of that saying really can be. Disputes with an estate’s heirs can be one of the...