Category: Probate

Can you be held liable For your Fathers debt

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 […]

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. […]

Opening

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 […]

Last Will And Testament

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 […]

law office Practice areas

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 […]