Posts Categorized: Executor


Descent into darkness: My parent has dementia and has not created a Will, what can I do?

It can be nearly impossible to help a parent plan his or her estate when dementia exists. The problem with dementia is that is qualifies as the type of mental defect that could cause the person to lack the necessary capacity to create a Trust or Will. The first issue is whether your parent still has enough capacity to create ...

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Who’s on First? Determine who has priority to act as Executor of your California Estate

When a person dies owning property in his own name and has no Will, the property left behind must pass through probate before it can be transferred to the legal beneficiaries of the estate. Probate is opened and managed by an estate administrator, and the law sets out the priority of who has the right to act as administrator. It ...

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Until Debts Do We Part: What happens to your debts at death in California?

  What happens to debts after you’re gone? There’s two ways to look at that question: (1) debts that are owed TO you, and (2) debts that are owed BY you. Are either type still enforceable after your death? Debts owed TO you Let’s start with debts that are owed to you, in other words, where you are the creditor ...

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Why Hire Us? Not all San Diego Trust and Will Trial Lawyers are Created Equal!!

It can be hard trying to choose the right lawyer for your Trust or Will contest case.  In this video, partner Stewart Albertson describes the reasons why most people hire Albertson & Davidson, LLP to fight for their inheritance rights.

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Your San Diego Probate is Open…Now What? Once you open a probate estate by filing (and having the court approve) your Petition for Probate, the work to administer the estate begins.  The first step is to obtain certified copies of your Letters.  The Court issues an order granting your petition for probate, but the order does not allow you to take any action to secure estate ...

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San Diego No-Contest Clauses: When they apply and when they don’t!!

We keep talking about California no-contest clauses because people keep asking about them.  No-contest clauses are by far the most confusing aspect of Trust and Will litigation.  In this video, partner Stewart Albertson discusses when they apply, and when they don't.

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