Many times, the estate or trust of a former San Diego resident can get embroiled in probate or trust litigation because of disgruntled relatives. Litigation is possible, for example, when some family members feel like they were treated unfairly in the distribution....
Responsibilities of a personal representative
When a person passes away, his or her personal representative is responsible for settling their estate. One of the most important first steps for the personal representative to take is to find all of the deceased person’s estate planning documents and supporting...
California probate and removing the personal representative
When a person dies in California, a fundamental part of the probate process will be having a personal representative to adhere to the decedent’s wishes. The personal representative is also referred to as an executor, among other terms. This is a role with significant...
What you need to know about family disputes over inheritance
San Diego area residents who have had a loved one pass away may have had to go through a process of asset distribution. Usually, this process goes well but occasionally conflicts arise regarding an inheritance. Unfortunately, inheritance disputes can cause family...
The duties of a personal representative in California
Most people in California understand that upon their death, their property will be distributed to their heirs. If the person has left a will, the property will be distributed pursuant to instructions in the will. If the person dies without a will, the property will be...
What Do You Need To Do To Disinherit A Son Or Daughter?
In the majority of estate plans, parents choose to leave considerable assets to their children. The reasons for this are fairly obvious and easy to assume. But not all parent-child relationships last a lifetime, and there are plenty of cases in which a parent will...
Can a personal representative be removed?
As people in San Diego are aware no one lives forever. One of the unfortunate facts of life is that everyone will pass away. As people prepare for death there are many things they have to think about as people cannot take all the property and assets they acquired...
Understanding probate in California
When a loved one dies, settling their estate usually includes probate. People often are not prepared for the legal process and costs, even if they had discussed it with their recently deceased loved one beforehand. Probate is essentially the court-supervised process...
What is testamentary capacity?
A will allows people to make important decisions about their property and their legacy, but in order to do so they must have what is called testamentary capacity. If that capacity is in question, a will may not reflect your loved one’s true wishes. What is...
Are there advantages to going through probate?
As you plan your estate, you may hear about many strategies that can help you avoid probate, the legal process that oversees the distribution of an estate. However, avoiding probate is not the best option for every estate, and fear of probate can result in costly...
