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October 6, 2021
The death of a loved one is easily one of the most emotionally trying experiences an individual can go through. This is true even when the probate process runs smoothly, without contention from family members. Unfortunately, it’s entirely possible for the situation to become even more difficult to work through if the will ends up being contested during probate. On a more positive note, it is quite rare that someone contests a will. So, whenever […]
September 4, 2021
Facing legal issues can be intimidating. At times, it can even feel impossible. This is especially true for families experiencing the death of a loved one. When a loved one passes, one of the first arrangements that needs to be made is the division/distribution of their assets. In many cases, the instructions for this process are laid out in a will. In other situations, there is no will, or the will is invalid, making the […]
September 4, 2021
The legal world can be confusing, and navigating it can feel especially difficult when you are experiencing the loss of a loved one. Sometimes, the powerful force of grief can bring out the worst in a family. However, one of the primary tasks families face when a loved one passes is a sensitive one that can affect many people on a personal level: determining the division of assets between the beneficiaries. In some cases, when […]
August 14, 2021
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
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
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 […]
May 18, 2021
California’s “statute of frauds” requires that a deed that transfers title in real property must be in writing. The parties to a grant deed are the grantor, the owner, and the receiver of title, the grantee. With a quitclaim deed the owner transferring the property is commonly called the “quitclaimor.” Many falsely believe only the act of recording a deed transfers title and if not recorded the deed is ineffective. There are times when an effective deed […]
May 17, 2021
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
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) […]