The California probate process can seem complicated and overwhelming, especially during a difficult time. If you have questions about how probate works, you're not alone. Understanding the basics of probate in California can help you feel more prepared and informed. ...
Probate & Trust Administration
Can probate be avoided if the deceased had debts?
When a person dies, their estate often goes through probate, especially if they owe debts. Probate ensures creditors receive payment before beneficiaries get any assets. However, several ways exist to avoid probate, even if the deceased had debts. Understanding these...
Can a trustee sell trust property without approval in California?
Trustees have a responsibility to manage trust assets according to the terms outlined in the trust document. A trustee typically has control over trust property, which includes decisions related to selling assets. This process doesn't necessarily require approval from...
How can the deceased’s assets skip probate?
If you have no prior experience going through probate, it can be a struggle based on the deceased's estate and its details. This process typically involves countless tasks essential to administering assets, potentially taking months or even years to finish....
When can a trustee withhold trust assets?
As someone who is set to administer a trust for a family member, you should have a solid understanding of your obligations. Even if you feel that a trust beneficiary will act irresponsibly with trust assets, you may have no choice but to distribute the money to that...
What determines if a California estate goes through probate?
Determining whether a California estate must go through probate is helpful for anyone involved in estate planning or managing the affairs of a deceased loved one. Several factors influence whether probate is necessary. Understanding these determinants helps people...
What happens during probate?
When a loved one passes away, their estate often goes through a legal process known as probate. Probate is a court-supervised procedure that ensures that people distribute the dead person's assets according to their will or the state's laws if there is no will. This...
What could happen if a trustee dies?
Establishing a trust can help ensure the realization of your estate wishes without having to worry about probate or a will contest. However, your success depends on having a trustee who is reliable and loyal to you. Sometimes a trustee dies before the purpose of the...
Understanding the “step up in basis” rule on inherited property
Here in Southern California, the price of real estate has skyrocketed over the years. If your parents spent $50,000 on a home back in the 1970s, they may have seen the value grow ten- or twentyfold. That’s especially true if it’s in an area that’s been gentrified or...
How is the cost of probate determined in California?
Thinking about what will happen to your hard-earned assets and other intimate belongings like family heirlooms can be very unsettling. However, death is inevitable. If you have a valid will at the time of your demise, all assets in your will shall go through probate....