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April 17, 2023
How will probate impact my inheritance in California?

How Will Probate Impact My Inheritance in California?

As you plan for your financial future, it is important to consider how the probate process will impact any inheritance you plan to receive—or, conversely, how probate will affect the assets you leave behind for your loved ones. In California, the probate process can be lengthy, expensive, and stressful for heirs, potentially reducing the value of the estate and causing unnecessary disputes among family members as tedious proceedings drag on for months or years. Here […]
April 15, 2023
Is probate required in California?

Is Probate Required in California?

The probate process can be a daunting and overwhelming experience, especially for those who have never gone through it before. In California, as in many other states, probate is legally mandated in certain circumstances, but there are actually ways to avoid it for certain situations and particular types of assets. Understanding The California Probate Process Probate is a special court process that occurs after someone who owns property or holds financial assets dies. Probate involves […]
April 14, 2023
A living trust may help avoid probate in California

A Living Trust May Help Avoid Probate in California

The probate process in California can be time-consuming, expensive, and emotionally draining for the loved ones left behind. Fortunately, a powerful legal tool exists which offers a solution to this problem: the living trust. A living trust is a special instrument that exists at the crossroads of law and finance, allowing you to transfer ownership of your assets to a special, legally recognized entity—your trust—during your lifetime. After you pass, the assets in the trust […]
March 11, 2023
How long does probate take in California?

How Long Does Probate Take in California?

Sometimes, when a loved one or other relative dies, there are other conditions, either in the will or around a will, that require the court to become involved in the process. Probate is the process by which the court settles an estate. Probate can occur for many reasons. These include proving the validity of a will, settling debts and taxes, or appointing a legal representative for the deceased. In complicated situations, it can also be […]
February 14, 2023
Ancillary probate 101: What is it?

Ancillary Probate 101: What Is It?

Evaluating property and determining who receives it is an important part of the probate process. Sometimes, if a decedent owned property in multiple states, the process of ancillary probate must be initiated to settle the estates in those states. Although seemingly confusing, ancillary probate can be easy to understand. What Is Ancillary Probate? During the probate process, a decedent’s assets are divided between the beneficiaries named in their will. Secondary probate, also referred to as […]
February 12, 2023
What California parents should know about limited conservatorships

What California Parents Should Know About Limited Conservatorships

When drafting a will, parents of younger children will typically name individuals who will become the guardians of those children if the parents pass away. For those who are caretakers of adults who are unable to live independently, it is imperative to understand and establish a limited conservatorship for these loved ones. This can reinforce the independence they need to live fulfilling lives. What Is a Conservatorship? In a conservatorship, the court assesses the fragility […]
February 11, 2023
Reasons for probate litigation in California

Reasons for Probate Litigation in California

When closing an estate, contacting heirs, dividing assets, and settling debts owed by the grantor are expected parts of the process. For some estates, going through the probate process may be necessary to finalize asset divisions or accounts related to the estate. Depending on the estate, and the assets in the estate plan, this process may be expedited or unnecessary. However, with most estates going through probate, understanding the process is crucial. What Is Probate? […]
December 15, 2022
Why is probate rejected in California?

Why Is Probate Rejected in California?

Losing a family member is always challenging, especially if their assets are split up according to their will. The probate process could be necessary to hasten the distribution of assets, depending on the terms of a relative’s estate plan. The probate process is governed by a set of laws in every state, including California. Understanding what makes these claims solid, as well as how they can be rejected, is critical for filing a complete, strong […]
November 23, 2022
Can probate be challenged in California?

Can Probate Be Challenged in California?

A person’s estate may need to go through probate after their death. If there is a will, the court will certify it during the probate process. The personal representative must also pay the decedent’s taxes, and creditors must be given a chance to collect any obligations from the estate, as determined by the court. Finally, the personal representative will be mandated by the court to distribute the estate’s assets according to the stipulations of the […]