When you are named the executor, or personal representative in California, of someone else’s estate, you may not even be aware that you have been nominated for this fundamental probate role. It could be that someone such as your parent named you without letting you...
How can you identify undue influence?
The term "undue influence" refers to influence strong enough to abolish the free will of a person. Sadly, the undue influence over older and disabled persons is a growing problem in California and throughout the greater U.S., one that results in millions of dollars in...
Top 5 questions executors ask
We represent numerous executors and estate administrators here at the in California. Virtually all of them ask us questions about their duties and how to perform them.We therefore thought it would be helpful to answer here on our website...
When is it time to remove a trustee from your trust?
Trustees have a duty to remain impartial and to administer the trust in a way that is wholly beneficial to the trustee and its beneficiaries. If your California trustee breaches his or her duty in any way, you have the option to relieve him or her from his or her...
What are your duties as an estate executor?
Last week we discussed the fact that when you assume the responsibilities of becoming the executor of someone’s California estate, one of your duties will be to pay the taxes owed by both the deceased person and the estate itself. This week we turn to the...
Should your attorney be your executor?
As you likely already know, when you make a Last Will and Testament in California, in addition to naming the heirs who you want to receive your property upon your death, you also appoint an executor to carry out your wishes when the time comes. You can choose whomever...
What are the benefits of a trust?
For California residents who are dealing with matters of an estate for perhaps the first time, there are a lot of good questions you likely have. Today, we'll focus on trusts, and what their benefits can be for you and your estate.Findlaw has an overview on...
How can undue influence invalidate a will?
If you are like many people in California and across the United States, you created your last will and testament while you were of sound mind and body. When writing your will, you determine who you want to have your possessions and finances upon your passing. In some...
The problem of undue influence
One reason that someone in California may have to challenge a will signed by a deceased family member is because the relative believes the will was signed or composed under undue influence. We want our loved ones to work out their estate planning...
Understanding trustee indemnification
Being the beneficiary of a trust set up by someone in Woodland Hills may seem like a frustrating proposition. After all, even when you are entitled to a distribution from the trust's assets, such payments often seem to be at the discretion of the trustee. Many have...
