Posts Categorized: Probate

Can you be held liable for sins of father?

For the Sins of My Father: Am I Responsible for My Family’s Debts if They Die?

Can a debt be collected against me or my family after death? In California, a decedent’s family is not responsible for the debts of the decedent.  There are times where a surviving spouse may be liable, but even that has its limitations.  For example, if the decedent had a purely separate property debt, then the debt can only be collected ...

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Can A trustee axe your assets?

Do No-Contest Clauses Apply to Questioning Your Executor?

No-Contest applies to questioning the executor? If you are the beneficiary under a Will that has a no-contest clause, you might be concerned about questioning the actions of the Executor; or for that matter, seeking to remove the Executor for bad acts while in office.  Fear not, no-contest clauses are nearly impossible to enforce under California law. In California, all ...

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San Diego Probate Series: How to Open a Probate

Every probate has a beginning, middle and an end (so we hope).  But you will never get to the middle or end if you don’t get started.  How exactly do you open a probate in California? To open probate you file a petition with the Court, referred to as a Petition for Probate.  Luckily in California the Petition for Probate ...

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The Empty Will: Why your San Diego Will may be meaningless

  So your parent dies and you see a Will that names you as a beneficiary.  Great, you now have a piece of your parents’ property secured as your inheritance…right?  Not so fast.  Just because you are named in a Will does not necessarily mean you are entitled to any assets because a Will only controls assets that pass through ...

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