Serving as an executor is a serious responsibility. You must follow the law, protect the estate, and act in the best interest of the heirs. Many executors step into the role without much experience, which can lead to avoidable errors. Understanding the most common...
Probate Litigation
Can probate be reopened after closing?
When probate closes, many people believe the case ends forever. However, certain events can bring it back to life. Knowing when and why probate might reopen helps everyone involved in an estate prepare for unexpected issues. Reasons probate may reopen The court may...
What is the role of undue influence in a will contest?
Undue influence plays a significant role in will contests, as it challenges the validity of a will based on claims that the testator (the person who made the will) experienced pressure or manipulation when making certain decisions. When someone contests a will on the...
Why you might need to open an ancillary probate case
When someone passes away, probate usually happens in the state where the person lived. If the deceased owned property in another state, however, a second probate case is usually necessary. People refer to this second case as ancillary probate, which plays a key role...
What assets are subject to probate in California?
When someone passes away, their assets go through a legal process called probate. Probate helps transfer ownership of the deceased’s property according to the will or state law. But not all assets have to go through probate. Knowing which assets are subject to probate...
How long does probate take in California?
Probate is the legal process of distributing a person's assets after they pass away. The probate timeline can vary depending on several factors. Generally, it can take anywhere from several months to over a year to complete. If you're going through probate, you may...
What is the probate procedure in California?
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...
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...
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...
What happens if an executor does not fulfill their duties?
When someone passes away and leaves a will, the executor plays a crucial role in ensuring they grant the deceased's wishes. The executor manages the estate, which includes paying debts and distributing assets to beneficiaries. But what happens when an executor fails...