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August 14, 2021
What Is the Purpose of Probate

What Is the Purpose of Probate?

When you lose a loved one who did not create a comprehensive estate plan, you must probate the will to legally validate it before any of the terms set forth in the will can be carried out. Probating a will tends to be a complex, lengthy, and confusing process, so many people choose to develop estate plans to avoid leaving their family members with this burden. In their will, the decedent should have designated an […]
August 13, 2021
What Happens If You Don’t Apply for Probate in California

What Happens If You Don’t Apply for Probate in California?

Losing a loved one is one of the most painful experiences you will go through in your life, and this difficult time becomes even more challenging if they died without establishing a comprehensive estate plan for their assets and property. Most people understand that creating a valid will is a crucial step in planning for the management of their estate after they pass away, but few realize that a will is usually subject to the […]
July 5, 2021
What Exactly Is Probate

What Exactly Is Probate?

When a person dies, the assets, property, and debts they leave behind become the responsibility of their surviving loved ones. However, adequate preparation on your part can help alleviate these responsibilities. Sweeney Probate Law, our team strives to help our clients prepare for the end of their lives by creating comprehensive estate plans—legal plans set in place to distribute their assets to their loved ones according to their wishes. Unfortunately, if you do not make […]
June 3, 2021
Childbirth After a Parent’s Death and Intestate Succession

Childbirth After a Parent’s Death and Intestate Succession

Scientific developments have made possible the use of assisted reproductive technologies to create alternative families. One problem is determining parenthood in cases of after death conception (post-mortem conception.) If you die without a will in California, your assets will go to your closest relatives under state “intestate succession” laws. What intestate (without a Will) inheritance rights does the after death conceived child have? Consider the following: Through artificial insemination of his mother a baby boy […]
May 20, 2021
Impact of Marriage or Domestic Partnership on Existing Wills

Impact of Marriage or Domestic Partnership on Existing Wills

What happens if a person makes a will and thereafter marries, or registers as a domestic partner, and the new spouse, or new domestic partner, is not provided for in the will or otherwise provided for or disinherited? Unless a Will or Trust provides for a new spouse or domestic partner, or clearly indicates the new spouse or domestic partner will receive nothing, the marriage effectively and automatically invalidates any pre-existing Will or Trust. If, […]
May 17, 2021
What Is Ancillary Probate in California

What Is Ancillary Probate in California?

An “ancillary probate” is a proceeding when a person dies with property in more than one state or dies in one state with property in another. If a person dies owning assets in his or her sole name or as a tenant in common, then chances are the assets will need to be probated in order to get them out of the decedent’s name and into the names of his or her heirs or beneficiaries. […]
May 14, 2021
What Does a Probate Court Do

What Does a Probate Court Do?

In general, probate means that there is a court case that deals with: Deciding if a will exists and is valid; Figuring out who are the decedent’s heirs or beneficiaries; Figuring out how much the decedent’s property is worth; Taking care of the decedent’s financial responsibilities; and Transferring the decedent’s property to the heirs or beneficiaries. In a probate case, an executor (if there is a will) or an administrator (if there is no will) […]
May 13, 2021
What Happens in California if You Cannot Find the Will

What Happens in California if You Cannot Find the Will?

A common question that a probate attorney is asked is how to obtain a copy of a last Will and Testament. Locating the Will may be urgent if funeral or burial instructions are contained in the Will or if anatomical gifts or the authority to conduct an autopsy are granted in the Will. First of all note that you cannot ask to see a copy of a living person’s Will – this is because while […]
May 12, 2021
My Spouse (or Registered Domestic Partner) Left Me Property, What Should I Do

My Spouse (or Registered Domestic Partner) Left Me Property, What Should I Do?

In California, spouses or registered domestic partners are given privileged status in regards to collecting the assets of their deceased partner’s estate. After the death of a spouse or domestic partner, a spousal property petition can be used to transfer assets from the deceased spouse or domestic partner to the surviving spouse or domestic partner. It is a simplified probate, and takes much less time than a full probate. Legal fees are usually much lower […]