When someone creates a trust, many people think the money or property gets handed out right away upon their death. In California, it does not work that fast. Trust administration takes time because the trustee must first handle debts, taxes and expenses. This step...
San Diego Probate & Estate Administration Law Blog
What are the risks of DIY estate planning online?
Online estate planning tools promise convenience and low cost. You can fill in some forms, download documents, and think your estate plan is complete. But this approach can create serious problems that cost your family far more later. Before relying on a...
What are the common mistakes executors make during probate?
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...
What are the key components of a comprehensive estate plan?
Planning for the future ensures that a person’s wishes are respected and assets are properly managed. In California, a comprehensive estate plan includes several important documents and considerations. These components protect family members, minimize tax burdens, and...
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...
Can you disinherit a child without legal repercussions?
If you're considering disinheriting a child in California, the law allows it—but you must handle it with precision. Vague wording or outdated documents often spark litigation and derail your intent. When you understand how California treats disinheritance, you can...
What happens if a trustee fails to properly administer a trust?
Trustees hold the responsibility of managing and distributing trust assets according to the trust's terms. If a trustee fails to carry out these duties in California, the consequences can be severe. In this blog, you'll explore what happens when a trustee doesn't...
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...
How does CA law treat property owned by unmarried couples?
When unmarried couples plan their estates in California, they face different challenges than married couples, especially regarding property ownership. California is a community property state, meaning that assets acquired during a marriage automatically become joint...