Estate And Probate Administration

The executor of a will has significant authority to manage and distribute the estate’s assets, including selling property. However, this power is not absolute and must align with the law and instructions in the will. Understanding an executor’s rights and limitations...

A probate court usually oversees the distribution of a deceased person's assets and settles their final affairs. However, some estates or properties can skip this process entirely, saving time, money and stress for the person’s loved ones. Understanding these...

A loved one or someone you know on a professional level has asked you to become their estate's executor, and you told them you need time to think. How should you respond? Should you accept the role, or do you think it's wise to turn it down? Before responding, here...

As it applies to estate planning, undue influence is a type of coercion or manipulation. A beneficiary attempts to influence the way that the estate plan is written for their own financial gain. For example, one beneficiary acts as a caretaker for the elderly...

Estate planning largely involves setting up legal documents that provide instructions on how your assets should be distributed upon your death. These documents don’t do all of the work, though. You’ll need to designate key people, such as an executor, to carry out...

Before rightful heirs and beneficiaries get their share of their deceased loved one’s estate, the personal representative must first pay all debts and taxes. For executors and administrators, it is essential to know the order of priority to ensure they are...

With or without a will, the assets and properties of a deceased individual will undergo probate and estate administration. The difference is that the testator’s wishes will take precedence if there is a will. If there is none, the courts will decide on the...

In the state of California and most other jurisdictions, one of the most important individuals in the probate process is the estate executor. If you are likely to be the executor of a deceased person’s estate in the future, it’s essential to understand what duties...

When you receive an inheritance from someone's estate in California, you can refuse to accept it for whatever reason you see fit. This is known as "disclaiming" the inheritance, and it's a perfectly legal way to handle receiving a property you don't want. Reasons to...

One of the goals of estate planning is to ensure that your assets, including any California real estate you own, go to your designated heirs after your death. However, sometimes people pass away without a will, or that document may be unclear regarding who should get...