There is a host of movies called “Dead Men Can’t something.” “Dead Men Can’t Dance,” “Dead Men Can’t Wear Plaid,” and so on. Probate exists because dead men can’t own property. If you want to avoid an asset going through probate when you die, you need to make sure...
Estate Administration And Probate
When are simplified probate proceedings available in California?
Probate in California can be expensive and time-consuming. But if an estate is of relatively modest size, a full estate administration proceeding may not be required. Under California's Probate Code, simplified proceedings are available for smaller estates.If the...
How long does the probate process take in California?
Probate refers to the court-supervised process of distributing a person's assets after they have died. In California, the probate court handles cases in which a person died "testate," or with a will, or "intestate," without a will. If the person left a will, their...
When a loved one’s death leads to trust or probate litigation
In California most wills go through probate proceedings without a significant dispute. Similarly, most trusts are administered without any controversy. But occasionally a conflict arises among family members, between family members and an executor or between family...
New California law eases the bite of Medi-Cal recovery
Many people in California depend on Medi-Cal for their health care coverage. When a Medi-Cal recipient dies, the state has the legal right to recover from the recipient's estate the medical expenses made on their behalf. The state cannot seek reimbursement, however,...
What are the duties of an executor in California?
Virtually all wills include a provision naming the person who will serve as executor of the estate. The executor is the person chosen by the testator to administer the estate, pay estate debts and taxes and distribute the assets according to the instructions in the...
How does the California Probate Code address simultaneous deaths?
We've probably all heard of tragic situations in which a husband and wife are both killed in an auto accident or a plane crash. This can create estate administration issues if it cannot be established which of them died first. Fortunately, the California Probate Code...
Sentimental items can lead to conflict in estate administration
When people undertake the estate planning process in California, they tend to focus on the major assets: the house, other real estate, bank accounts and investments. Too often they overlook the things they own that have little monetary value but a lot of sentimental...
California judge issues key ruling in vitamin tycoon estate fight
When a parent of adult children remarries, it often creates friction between the children from the former marriage and the new spouse. When the parent dies, that friction can boil over into bitter disputes over the parent's estate. This appears to be what has happened...
Why would you want to avoid the probate process?
An estate plan is a written instrument used by individuals in California and elsewhere to pass their assets and property to their heirs and beneficiaries. In order for these assets to be transferred after the person's death, the probate process will need to be...