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...
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Estate And Probate Administration
What does an executor do?
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...
Understanding the order of payment in a California probate
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...
Will I get my inheritance if there is no will?
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...
What are the duties of an executor?
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...
How to decline an inheritance in California gracefully
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...
Will my property end up as a probate sale after my death?
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...
When will you get your inheritance from a California estate?
Probate in California typically takes longer than in other states. On average, probate takes six to eighteen months to complete. In rare cases, it takes two years or more for the beneficiaries to receive their inheritances. End of probate Beneficiaries can only...
Who should represent your estate?
Assets held in your California estate at the time of your death will likely be subject to state probate laws. During the probate process, your estate is represented by an individual either appointed by the person overseeing the case or who is appointed in your will....
Can you remove the executor you named in your will?
Creating your will in California takes a lot of thought, which could make it time-consuming. One of the most important details is choosing an executor who will oversee your estate once you’re gone. Although it doesn’t happen often, you might want to remove them. Why...