Category: Probate

sharing

Occasionally we see cases where a parent leaves all of their assets to a child with the understanding that the child will share the assets with the siblings. For example, a parent may name one child as a joint tenant on a house or bank account, and then expect that the asset will be shared […]

will war

When is a Will a Will? When the court issues an order saying the Will is valid. Before that time, the Will is just a possible Will. In other words, Wills do not take effect, and have no power to control the distribution of an estate, until the court first decides the Will is valid. […]

where's the will

Easy, just go to the court in the California County in which your loved one lived at the time of their death and ask for a copy because every Will is required by law to be lodge with the court after death. Just kidding, people rarely lodge a Will with the court even though the law […]

follow the steps

How Can I Go Through Probate With My Family Without Things Getting Hostile? That all depends on what you mean by “go through probate.” If you are referring to the probate of a Will (or the administration of an estate without a Will), then you may be able to get through the process by simply sticking […]

i can do it myself

Yes. In America, you can take almost any legal action on your own, even representing yourself in court. Of course, the old saying is “he who represents himself has a fool for a client.” That may be true in some complicated legal matters, but there are plenty of simple legal matters where you can do-it-yourself. A simple […]

who needs mail notice

Who should be notified when Probate begins in California and whose duty is it to notify them? Under California law, the entire world must be notified when probate begins in California, and it is the named executor’s job to do so, or the person filing to open probate. But how do you notify the world? It all […]

executor or multitasker

This is an important question that can be difficult to answer in a single article. There are a long list of duties that Executor’s have  under California law, but they can be summed up using the categories below: Take Control of Estate Assets and Properly Manage Them The first job over any executor is to […]

Done yet

The short answer is twelve to thirty-six months or more. But the specific answer varies widely based on the circumstances you confront in your case. It can take far longer than you like to resolve your Trust or Will litigation case. And there are a few factors that affect the length of your case. The […]

Ready set pay

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 […]

Forced Plan

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 […]