Frisella Law, APC
San Diego Estate Planning and Trust Litigation Attorneys
View Blog Navigation

San Diego Probate & Estate Administration Law Blog

How to Choose an Executor for Your Will

Thinking about your death isn't easy. Drafting a will is another difficult task that many Americans put off. According to the AARP, 41 percent of Baby Boomers do not have a will. Only 29 percent of people under the age of 34 have a will, and it's believed that those without a will don't want to think about their death.

One of the most important aspects of planning your estate is choosing the executor. This is the person who is responsible for administering your estate through the probate process. The person does not necessarily need to be familiar with the law, but there are certain characteristics recommended by the American Bar Association.

Avoid these celebrity estate planning mistakes

It may be fun to read about celebrities and their latest exploits but, at the end of the day, death is the one great equalizer. Unfortunately, we've read time and again about famous names in the news who've passed on, only to leave a complex mess of assets and debts for those they've left behind.

Here are several estate planning mistakes that some well-known celebrities have made. Hopefully, you can learn from their well-publicized mistakes and have an estate plan that will protect you and your family.

Immediate steps to take after the death of a loved one

The death of a loved one can be stressful, even emotionally devastating. When faced with such a loss, many of us would like to hide away and privately process the grief, yet there is often much to be done.

If you've just lost a loved one or fear that this could happen in the near future, it often helps to have a clear list of must-do tasks. Here are some important legal steps that you'll want to take after a close family member or friend passes away.

Five estate planning myths to avoid

No one likes to ponder their own demise, but a worse scenario is thinking about all of the things that could go wrong with the distribution of your assets should you fail to make your wishes clear. Too often, the wrong family members step in and try to claim "close" relationships and rights to an inheritance that you might have never dreamed to come into play.

To avoid these unfair scenarios and make sure that your wishes are followed, you'll want a solid estate plan. Don't let any of these five estate planning myths lull you into a false sense of security about the state of your assets after you're gone.

Estate planning tips: How to keep your money in the family

Preserving your wealth and keeping money in your family should be part of your estate planning strategy. Fortunately, there are several ways you can create those kinds of results. That can help you provide a financial legacy for your children and other family members, along with offering you a lot of peace of mind.

Digital estate planning can address what happens to your social media accounts after death

Estate planning used to mean having your financial affairs in order so that those left behind would be taken care of or not burdened when you are gone. It still does, but now that we have so much personal and financial information stored on our computers and on the internet, this practice has evolved to include addressing digital assets as well.

You don't have to be a popular online celebrity to worry about what will happen to your digital presence once you die. This is now a common concern, and digital estate planning can help direct how your accounts are handled or closed in the future.

Do you know when you should update your will?

Updating your will is not at the top of your to-do list after you have already drafted a will to protect your family and loved ones. While this is certainly understandable, your life did not stand still the moment you signed that document. It is important to update your will on a regular basis because a lot can change even in a year that might make parts of your will obsolete.

When you should update your will

It is advisable to review your will every few years and make updates as necessary. It is also important to update your will in the event of major life changes. Major life chances include marriage or divorce, death of a named beneficiary, addition of family members or changes in the value of your estate.

Understanding probate proceedings

Whether you are working on the details of your own estate plan or you have been named as a personal representative for the estate of a loved one, understanding the function of the probate process is essential. How familiar are you with the legal proceedings that ultimately dictate how an estate is to be dispersed?

How the probate process works

Generally speaking, the probate process is a set of requirements which guide the transfer of an estate with the ultimate goals of satisfying debts and allocating assets to beneficiaries. The matter is overseen by a probate court, whose first objective is to determine that the will filed with the court is genuine.

What to do if you are named the executor of a will

We all know how important it is to have a will, but do you know what to do if you are named as an executor of someone's will? The executor of a will is legally responsible for the management of the deceased's financial obligations.

The executor is named in the deceased's will or may be appointed by a court to manage the financial side of the estate. Regardless of whether you knew you were going to be listed as the executor or you were appointed by a court, you need to understand the duties you are expected to complete.

What to know about setting up a trust

Planning for the future is hard, especially when you have to think about what will happen to your family after you pass away. Most people know the importance of having a will in their estate plan, but did you know it is sometimes just as important to include a trust?

It is beneficial to consider having a trust in your estate plan to replace your will or as a supplement to provide additional clarification and support. It is important to tailor your estate plan and type of trust to your specific needs.

Email Us For A Response

Contact The Firm

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Frisella Law, APC
2139 First Avenue
Suite 200
San Diego, CA 92101

Toll Free: 866-360-8133
Phone: 619-260-3500
Fax: 619-260-3600
Map & Directions