At its simplest, probate can be a complicated process to navigate. It can become an even more challenging ordeal when further complexities arise, like conflicts regarding the executor or administrator or someone being upset about how the will distributes the estate. There may also be complex challenges around paying debts, selling assets, and even situations where there is no will. However, one of the more difficult parts of the process can often be understanding what […]

Probate litigation involves disputes regarding wills. The purpose of probate litigation is to correct a wrongfully distributed or mishandled estate or misapplication of a will. The administrator or executor has the legal right to act on behalf of the probate estate, which is all the assets and property owned by the person who died, also called the decedent. The main steps in probate include the following: Correctly filling out and submitting forms to the court […]

When a legal arrangement is made in which one adult is appointed to assist in managing the affairs of another adult, it is a conservatorship. Sometimes, when a judge grants a conservatorship, it is useful at the time, but its usefulness is no longer valid once circumstances change. In this case, it is necessary to go through the process of removing a conservatorship if the situation meets a requirement to remove a conservator. Requirements That […]

A conservatorship is an appointment by a judge of a person who is given the power to make decisions for and act for a person who needs help acting on their own behalf. The individual who serves in this role is called the conservator. The person they are acting for is called the conservatee. Granting a conservatorship is the last resort for a judge when all other options that are less restrictive won’t work. There […]

When someone passes away, the property they own and the money they have that makes up their estate is distributed to their heirs or their beneficiaries according to their will. This can’t happen until the deceased individual’s will or estate has gone through probate. Probate is the legal distribution of the deceased’s estate. To get an idea of how long it can take following California probate for an inheritance to be distributed, you should consider […]

No one grieving the loss of a loved one wants to have to think about money or the financial impact of the loss. Life insurance is one way people protect their families financially in the event of their death. These policies can be crucial, especially if the person who died was the main breadwinner for a family or if the death was sudden. Fortunately, life insurance doesn’t go through probate – the legal process that […]

Protecting your property and your family are two main reasons why someone will write a will or establish an estate plan. These are both legal arrangements that establish where the deceased’s assets will go, how any debts will be paid, and what an individual’s final wishes are. Many people will choose someone they trust, called an executor or personal representative, to execute their wishes. An accomplished California probate lawyer can help you understand other ways […]

Failing to craft a will or estate plan is a common mistake. Sadly, it will leave decisions about your family and assets to be decided by the courts rather than by you. To prevent this, consider establishing your will or planning your estate early. Devising a will or estate plan with an experienced attorney is your first step in a somewhat challenging process. Help from an attorney may mean your estate can avoid probate altogether. […]

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 […]