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 […]
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 […]
Starting this year there is yet another way to pass property by avoiding probate: Transfer on death deeds. Transferring real property without having to go through probate sounds great, but there are a few strings attached. In the past, people have commonly used joint tenancy deeds to pass real property without having to go through […]
All goods things must come to an end…and probate’s end too. Once you have done everything required of you to administer the estate, it is time to report your actions to the Court, account for the money and property under your control, and ask to be paid your fees. All of this is accomplished by […]
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 […]
Did you know that the number one reason for probate is to protect creditors? Yes, beneficiaries of the Will or estate are important too, but creditors always come first. Life can be hard for creditors of a decedent. There are a mess of rules and procedures that creditors must follow to keep their claims alive. […]
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 […]
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. […]
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 […]
Nowadays you rarely need an original document in court, most of the time a copy will do just fine. But not so for Wills. Original Wills must be lodged (meaning filed) with the court, so that the court and all the parties can determine if the Will is valid. Of course, the person who signed […]
