“Standard and uncontested.”That is one online article’s assessment of how probate in California and elsewhere generally works. That overview’s take on probate stresses that the process for finally settling a decedent’s estate in court is...
Bay Area Estate And Tax Planning Law Firm
Probate And Estate Administration
Changing a will not enough to avoid probate in California
When you consider how many people with significant estates die each year in California without a will, you may think you are well ahead of the curve just by having a will in place. In the grand scheme of things, this is true. You certainly are better off having a will...
How to choose the right trustee the first time
There is more to creating a trust than meets the eye. In addition to adding assets to the trust, there's something else you need to think about: finding the right person to serve as trustee.While this sounds as simple as naming a trustee and moving on with the rest of...
That key probate executor function: watch for these errors
We've all heard adages like this before: You wouldn't hire a plumber to perform surgery, so why would you … ?For purposes of today's blog post, we would simply pose this query: Why would a planner name a lay person with little or no professional experience as...
What can happen when executor appointment is, well, not optimal
It's a safe bet that the three former wives of famed -- and now deceased -- song writer/guitarist Jerry Garcia do not hang out together listening to Grateful Dead albums.Ditto that regarding former girlfriends and children from Garcia's various relationships. Here's...
Why most executors need help during probate administration
If you were asked to be the executor (often called personal representative) of a loved one's estate, that obviously means that trust was imposed in you regarding a very important matter.You were likely honored by the appointment, and accepted. Many people do. And now...
Your rights as a surviving spouse
Most states, including California, have laws in place to protect surviving spouses and other potential heirs to a decedent's property. This means that if one spouse dies, the other still has inheritance rights even if a will was never written or an existing will never...
What occurs during the probate process?
When a loved one passes away, you'll have many thoughts going through your mind. At some point, you must turn your attention to this person's estate plan.Did they have a will or a trust? With a will, there is no way around the probate process. Instead, this will move...
3 things to do to minimize probate battles after you die
Now that your children are adults, you might expect that they would be able to handle dividing up your things and taking care of your final arrangements without a lot of conflict. This might not be the case, even if your adult children get along. Money and assets are...
Big winner in Prince’s estate outcome: the IRS
A commentator in a news article from earlier this week discussing the convoluted estate of pop legend Prince -- it's probably unobjectionable to anyone to simply call the Purple One's estate a mess -- notes that there are essentially three entities involved in many...