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...
San Diego Probate & Estate Administration Law Blog
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 Vague wording or outdated documents often spark litigation and derail your intent.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...
Can a trustee charge fees for trust administration?
Trustees manage trusts and ensure they distribute assets according to the terms set by the trust creator. One common question that arises during trust administration is whether a trustee can charge fees for their services. While the answer depends on the trust’s...
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...