Category: Executor

descent

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 […]

my bucket list

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 […]

Until debts

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 […]

What are you looking for

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.

Are you Serious

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 […]

Will your inheritance

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.

Can a Trustee "axe" your assets?

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. […]