Probate in California can feel overwhelming at first, but it's really just a court-supervised process for settling someone’s estate. If you’re facing it, you probably wonder what actually happens and how long it takes. Start by filing a petition The probate process...
San Diego Probate & Estate Administration Law Blog
What is the difference between revocable and irrevocable trusts?
There are many differences between revocable and irrevocable trusts. When choosing between these two types, it all boils down to preference. Do you prefer having control or protection? Revocable trusts: Flexibility and control When you establish a revocable trust, you...
How do you know if you need a spendthrift trust?
One of the primary functions of estate planning is laying down the foundation for your family’s future. Wills, trusts and other estate planning tools can help make sure your family is provided for, even after you are gone. However, what if you have family members...
An executor’s guide to will contests in California
Being an executor of your loved one’s will can be challenging. You have to manage the estate and settle any outstanding debts. You may even have to navigate and manage disputes among the beneficiaries. If disagreements escalate, it may even lead to someone contesting...
Can I exclude family members from my will?
Making the painful decision to exclude a family member from your will often stems from years of damaged relationships or unresolved conflicts. The choice to disinherit someone carries deep emotional weight. However, circumstances sometimes make this decision necessary...
Can you leave assets to a young child in your will?
As a parent, leaving a lasting legacy for your child is likely your top priority. Often, this is achievable through careful estate planning. But can a young child inherit assets from a will, and what are the implications? The law aims to protect your estate and your...
Protecting your legacy: Updating your trust post-Proposition 19
California's Proposition 19, effective February 16, 2021, changed property tax laws. These changes affect how you transfer real estate to your children or grandchildren. If you have a trust, you must review and update it to ensure your estate plan aligns with your...
Why create an irrevocable life insurance trust (ILIT)?
An irrevocable life insurance trust (ILIT) is a type of trust specifically designed to hold and manage a life insurance policy. Unlike revocable trusts or wills, which you can change or revoke at any time, an ILIT is set in stone once it's created. When you set up an...
How to choose a worthy estate executor
Choosing the right executor for your estate is a big decision. It isn't a job just anyone can take on. It's a heavy responsibility, one that can affect the lives of the loved ones you leave behind. If your estate goes through probate court—which happens with many...
How do I deal with missing or lost heirs in a probate?
When a loved one dies, dealing with probate can be challenging. But what if you cannot find all the heirs? This makes things even harder. In California, there are laws and steps to handle this. Let us see how to deal with missing heirs during probate and why it is...