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...
San Diego Probate & Estate Administration Law Blog
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...
How can you plan for pets in your estate plan?
Your pet depends on you for daily care, comfort, and safety. But have you considered who will step in if you're no longer able to provide that care? With the right planning, you can ensure your pet remains protected and well cared for, even when you're gone. Select a...
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...
How does probate differ from trust administration?
When dealing with the distribution of an estate after someone's passing, probate and trust administration are two common methods of transferring assets. While they both serve a similar purpose, they operate differently. Understanding these differences can help you...
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...