Probate can proceed in a smooth manner, but sometimes that is simply wishful thinking. Complications may arise during the settling of an estate. Disputes may surface, for example, regarding the validity of a will, accusations that the legal representative...
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Probate
Ancillary probate 101: What is it?
California is a popular location for out-of-state residents to purchase vacation homes and seek shelter from the cold seasons. This second home can be a nice escape for the family – but what happens to the loved one’s special home in California if he or she passed?...
How long does probate take?
Losing a loved one can be overwhelming. Not only are you experiencing loss, but there also tends to be a list of tasks for loved ones to complete. If you are the named executor or the person that will handle the loved one’s affairs, in addition to making funeral...
Part two: Finding a trust
Wills are some of the most common estate planning documents. However, if your family cannot find the will after your loved one passes away, it can pose a real challenge. As we discussed in Part One of this series, Californians cannot file a will with a court before...
Part one: What if you can’t find the will?
Many families will begin the probate process not long after losing a loved one. The law requires the person holding the will to file it with the probate court within 30 days after death. However, the first step is to find the will. If your loved one did not leave...
What you should know when choosing your executor
When you sit down to hammer out your estate plan, you have a lot of important decisions to make. In addition to where you want your assets to go, you also have to make healthcare decisions for yourself and try to foresee all possible eventualities. In the midst of all...
Will I need to go through probate when my loved one passes away?
If you have a parent or other loved one who has reached an advanced age or is in poor health, you may be starting to think about the probate process that you will have to go through once they are no longer with you. You may have several questions concerning the...
What happens if an executor delays the probate process?
Probate is the legal process used to distribute an estate, often guided by a will. The process involves the naming of an executor or personal representative. This individual is responsible for initiating and completing the probate process and has a fiduciary duty to...
What should blended families consider about probate?
It bears repeating that navigating probate is not always easy. The complexity of the process is likely what leads to so many online articles about avoiding probate altogether, even though that idea is not as simple as it sounds. However, it is the emotional aspect...
What issues could delay probate?
One of the most common worries that families have about the probate and estate administration process is time. Whether or not you are the executor of your loved one’s will, you may wonder and stress about how long it will take. It is true that probate can take time....