A comprehensive estate plan can address the disposal of your personal assets, such as your home or retirement accounts, and any business interests you may hold. Many Americans are self-employed or participate in a business partnership. Winding down these business arrangements is a critical component of the estate planning process.…
Articles Posted in PROBATE
Failure to Leave a Will Can Lead to More Than Just “Sibling Rivalry”
It is important to make a last will and testament before your declining health renders you incapable of doing so. In a deteriorating physical or mental state, you may be subject to the undue influence of others who may wish to take control of your property for their own benefit.…
Collecting Payments After Your Death
Although you might think of an estate plan simply as a way to dispose of your existing assets, in fact your future estate might also be responsible for collecting additional income generated after your death. If you work in the entertainment industry, for example, your estate may still collect residual…
Establishing Paternity for Probate Purposes
When the law speaks of “heirs,” it refers to those individuals entitled to inherit a person’s estate in the absence of a valid last will and testament. For example, if you live in California and die without a will or a spouse, but you do have children, those children are…
Medi-Cal and “Estate Recovery”
An estate is not only responsible for distributing property after your death. It must also pay any valid debts to the extent your assets allow. Medical debts are a common expense most estates must pay. And if the deceased received health care benefits from the California Medical Assistance Program (Medi-Cal),…
The Importance of Safekeeping Your Will
A last will and testament does little good if nobody can find the document after you pass away. It is important to safeguard your signed, original will as it must be filed with a probate court in order to formally open an estate. As a general rule, California courts will…
What Happens to an Estate With No Heirs?
Dying without a will is never a good idea. In California, like all states, there are laws governing the succession of intestate estates-that is, estates where the deceased failed to leave a will. The intestate succession law directs the distribution of property to your closest living relatives. But what if…
Can a Tenant Object to the Probate of a Landlord’s Estate?
In preparing a last will and testament, you need to be conscious of the location of any property you own. In the United States, wills and estates are handled on a state-by-state basis. If, for instance, you live in California but own a second home in Arizona, your will must…
What Is a “Small Estate”?
Not every estate requires a formal probate process. Most states, including California, have simplified procedures for administering “small” estates. The actual definition of a small estate varies from state to state. California law defines a small estate as one where the real and personal property owned by the deceased, valued…
Understanding Death and Taxes
Benjamin Franklin famously wrote, “in this world nothing can be said to be certain, except death and taxes.” And the latter does not cease upon the former. Death introduces a number of tax issues that must be dealt with as part of your estate. Proper estate planning can help ease…