Posts Categorized: Probate

Ready set pay

Ready, set, pay! Will I Be Reimbursed For Legal Expenses After Probate In California?

That all depends on what you mean by “probate.” In California, in fact in the entire United States, we operate under the so-called American system of litigation fees; meaning each party pays their own fees regardless of who wins the case. But there are a few exceptions. For example, if you have a contract that says the prevailing party is ...

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Forced Plan

May The Forced Plan be with You: What Happens If You Die in California Without A Will?

What Happens If You Die Without A Will? That depends on how you hold title to your assets. If you die and everything you own is in your sole name, then the assets must pass through probate to be transferred to your next of kin. When you die without a Will, you are said to have died intestate. And California ...

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Can you challenegeyour Trustee_-3

Must I Pay? My late mother has a debt that my sibling demands I pay–What should I do?

When someone dies in California, who is responsible to pay the debts? The simple answer is the estate, but that’s not such a simple matter in most cases. The reason it is not so simple is because most people do not require a probate estate to be opened. If all of your assets pass through a probate estate, then creditors ...

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Can you challenegeyour Trustee_-2

Left Out in the Cold? My mom died and left me out of the Will–What can I do about it?

What can you do when you find yourself left out of a parent’s Will? That all depends on the circumstances surrounding the creation of the Will in the first place. For starters, in California children do not have a right to inherit any property from a parent. In other words, a parent can disinherit a child, leaving them nothing. Minor ...

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Who OverseesYour Trustee-2

Top 10 Trust and Will Myths: Episode 7 — Trusts avoid probate

Do revocable, living Trusts avoid the probate process?  The answer is: maybe.  Watch this video to learn more about whether your Trust will help you avoid probate in California.

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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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