Probate is the process of determining the validity of the will and distributing assets after the decedent's death. Even with fairly simple estates, the probate process can take months, while more complex estates can take longer than a year. There are certain...
Year: 2022
What duties does an executor manage?
When dealing with an estate plan, one of the most important figures to assign is the executor. They will handle almost every major point of the plan and post-mortem affairs. But what exact duties do executors deal with? And what sort of person serves as the best fit...
Fees paid to the personal representative
The executor or personal representative is the person responsible for managing the estate of a decedent. Even with simple estates, this individual has many duties. In exchange for the person's time and effort, the executor does receive a fee for conducting all the...
When to have a prenuptial agreement
A prenuptial agreement may not be a topic that newly engaged couples want to discuss, but it is important. Many people think that prenups are only necessary if someone has a lot of money or is a business owner, but that is not necessarily the case: Prenup agreements...
How to choose a guardian for your minor children
If you have children under the age of 18 and you have not named a guardian for them in the event both you and your partner die, it is time to update your estate plan. A guardian is the person who will have custody and manage each child's property. Choosing this person...
How to prevent financial abuse of a loved one
Abuse occurs in all types of relationships, and the elderly are common victims. The abuser can be a family member, caregiver or stranger. The National Institute of Health, National Institute of Aging reports that older individuals experience physical, emotional and...
Proving undue influence when challenging a will
When a loved one dies in California and makes you a beneficiary in his or her will, you may feel frustrated or disappointed if you do not inherit what you expect. However, if you did not inherit what you anticipated because someone subjected your loved one to...
Tips for will asset division to children
The details of a will often involve the dividing up of the property to two or more children. In many cases, the writer of the will decides to equally divide these assets, but this might not always provide the best results. A variety of circumstances could change this...
What are the elements of undue influence?
Undue influence refers to the act of using extreme persuasion to cause another person to avoid using his or her best judgment or free will to cause an inequitable result. Though undue influence applies in all aspects of contract law, the first time you may hear the...
Some details about contesting a will
A properly executed will remains the foundation of estate planning. Even with professionally prepared will and trust documents, disputes can arise and result in estate litigation. In California, interested parties have a deadline of 120 days to file a will...