Can a Co-Executor Be Removed? Co-executors are appointed to administer an estate when multiple individuals are...
Topics on Trust and Estate Planning and Probate and Trust Litigation
Executor’s Authority over Beneficiary: Legal Considerations and Limitations
Can The Executor of a Will Change the Will? As soon as the testator has died, his/her will is irrevocable and cannot...
Sibling Living in Deceased Parent’s home – Refuses to Leave
Sibling Living in Deceased Parent's House Brother or Sister Refuses to Leave When a sibling lives in a deceased...
How Long Can an Executor take to Settle an Estate
How Long Can an Executor Take to Settle an Estate? In California, an executor, also known as a personal representative, generally has one year from their appointment date to complete probate. However, if a federal estate tax is filed, this timeline extends to 18...
Who Can Be an Executor of a Will? A Guide to Probate
Who Can Be an Executor of a Will? A Guide to Probate Probate is the process of administering a deceased person's estate before the actual distribution of assets. An executor ensures wishes outlined in a will are carried out according to state laws. While not...
What if the Executor Does Not Probate the Will? What to do
What if the Executor Does Not Probate the Will? What to do! If you just lost a loved one and perhaps you are a beneficiary of their estate, you most likely have questions about what comes next. You cannot get your inheritance funds as an heir until the probate court...
Which is Better a Will or a Trust? What You Should Know
Which is Better, a Will or a Trust? What You Should Know! Is a trust superior to a will? What's the difference? So, the ripe golden age is knocking at your door. There is the fear of incapacitation, devouring your peace of mind. Then there is hope with estate...
Can Joint Executors Act Independently? When is it Possible?
Can Joint Executors Act Independently? An executor is anyone responsible for handling the estate of a deceased person. Their responsibilities may include paying off outstanding debts, selling and transferring property, divvying assets, and closing the deceased...
Undue Influence: Attorneys, Examples and Cases
How to Prove Undue Influence and Probate Code Section 86 If you suspect that a loved one's changes to their estate plan were the result of undue influence, you may be able to contest those changes in court. Proving undue influence can lead to the reversal of such...
Co-Executor – Can they Act Alone? Petition to Remove
Co-Executors - Can they Act alone - Petition to Remove California Estate Planning Guide (How & Why) When creating a will, one of the most vital steps is naming an executor. The executor's primary responsibility is to protect your property and assets until all...
Evidence Needed to Contest a Will – What You Should Know
Evidence needed to contest a will Contesting a will demands substantial evidence to prove the testator's lack of capacity, undue influence, or fraud. This typically involves gathering relevant documents, medical records, witness testimonies, and any other pertinent...
Can an Executor of a Will Take Everything. What to Know
Can An Executor of a Will Take Everything? Can an executor amend a will? No, they can't. An executor's role is to administer the estate based on the will's terms. Beneficiaries named in the will remain fixed. They cannot be removed or altered by the executor, even if...
Can an executor sell a house?
Can an executor sell a house? Managing an inheritance is a sophisticated undertaking, and executors, grantees, and other relevant individuals should educate themselves on the process. All it takes to avoid blunders is to understand the estate dealings. It's important...