In the wake of a loss, you might be considering contesting a loved one’s will. But before embarking on this path, it’s crucial to understand the legal process, potential grounds for contest and the significant implications involved. To contest a will, you must have “standing,” which means your financial situation would be impacted if the will is deemed invalid. This typically applies to individuals named in a previous will, potential heirs who were surprisingly excluded from the current will or those who believe they were wrongly disinherited. Lack of testamentary capacity One of the primary g ..read more

Handling someone else’s large estate in California is not an easy job. Sometimes, the executor may see it fit to obtain a surety bond, or the probate court might order it based on the individual circumstances. Here’s how that works. Understanding surety bonds A surety bond is a type of insurance policy that guarantees the performance or fulfillment of a contract or obligation. In the context of California probate, the court or the executor uses it as a safeguard against any potential mismanagement or financial losses during the estate administration process. Essentially, it protects the benefi ..read more

In California, the role of a probate judge is crucial in ensuring a smooth transfer of assets to a decedent’s heirs. Probate judges ensure the settlement of the estate’s debts and asset distribution according to the deceased’s wishes. These judges also handle estates when someone leaves no will or a relative contests the will. Understanding how the probate judge administers an estate can help you navigate the process more efficiently. Approving the will If a decedent leaves a will, the probate judge has a critical yet straightforward job. They carefully examine the will for validity regarding ..read more

If a person in California passes away and does not have their home in a trust, their assets must go through a legal process called probate. The heirs may want the house sold to access the proceeds for paying off debts and distributing the remainder. Probate homes may present a unique chance at getting a good deal but have risks. Probate sale process Selling a home in probate involves some complexity and can become lengthy. The sale must receive approval from the probate court, and the estate executor must have the property appraised. The executor must advertise the sale to potential buyers, an ..read more

Probate is the process through which a deceased person’s estate is administered and assets are disseminated among heirs. Unfortunately, things can go wrong during the California probate process. This includes claims of undue influence. Examples of undue influence In the context of probate litigation, undue influence can be defined as strategies used to convince or force a person to take actions against their own interest or without consideration of the consequences. Undue influence most often involves the specific terms or signing of a will being forced by another party. Undue influence can ta ..read more

In California, financial abuse of the elderly is punishable by state and federal laws. California Welfare and Institutions Code section 15600 and other codes define financial abuse of an elderly or disabled individual and outline the consequences should a court find a person guilty. Elder financial abuse The law defines the elderly as any person 65 years old or older. A person committing financial abuse against them may take property belonging to the elderly and misuse it, often for their gain. Furthermore, financial abuse occurs if the person attempts to defraud the older adult. Often the abu ..read more

In California, if you believe that a will is invalid, you may have the option to contest it in court. This process allows individuals to challenge the will’s validity and present evidence to support their claims. There are several grounds for contesting a will, including questions of testamentary capacity, undue influence and fraud. Created with sound mind Testamentary capacity when used as a challenge in probate litigation refers to the mental state of the person who created the will. The person must have been of sound mind and able to understand the consequences of their actions at the time ..read more

When a person dies in California, the probate process can be long and expensive. For that reason, many people look to use legal instruments to pass assets to their heirs outside the reach of probate. One way to do that is to use a transfer on death account, or TOD account. With a TOD account, ownership of the account will transfer to a named person automatically on the death of the person who made the account. Types of assets that can be held in a TOD account Not all states allow standard bank accounts to transfer on death outside of probate, but some states do. These bank accounts might also ..read more

The executor that has been appointed in a California will is in charge of taking care of the testator’s unpaid taxes and other debts, followed by distributing the assets to the correct recipients. However, if an executor makes key errors, they can be potentially liable to be sued individually. Conditions for suing an executor Executors are normally protected from being sued, as long as they are acting in the interests of the estate. This is to protect them from liability if they make mistakes. Otherwise, few people would want to be executors. An executor can be sued if one of two specific case ..read more

Whether you’re buying a home for yourself or as part of a property management business, there are many homes for sale in California. With that in mind, you might think about buying a new property through a probate sale. Before you make any offers, it’s good to learn how buying a probate home works. Listing a property At first, there doesn’t seem to be much of a difference between probate and non-probate homes. Typically, an agent lists both types of properties. The difference is that the money from probate home sales go to the original property owner’s estate. The bid submission phase After li ..read more