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November 2017 Archives

My mom chose me as executor of her estate. Can I charge a fee?

Yes, you may likely be able to charge a fee in California for the executor work you perform on your mother’s estate. California does have legal requirements and limitations, however, so it is not an unfettered right to charge whatever you see fit.

When sibling tensions become will disputes

When a parent dies, the last subject siblings generally prefer to discuss is that of a will. Yet it is not uncommon for surviving family members to become involved in disputes over the details of a will that a parent leaves behind. When such a conflict arises in California, there are many routes to solutions; however, there are an equal number of warning signs that can help surviving family avoid these stressful situations altogether. 

The qualities of a good estate executor

If your parents or other loved ones died without an estate plan, you may remember the frustration and confusion you went through. Perhaps the court appointed a personal representative, and that person did not handle matters the way you know your parents would have wished. You may be determined this will not happen to your family.

Are you losing trust in the executor of your parents' estate?

There is no doubt that one of the most difficult things someone may ask you to do is to accept the duties as executor of an estate. Often, those tapped for such responsibilities have little or no experience, and they may find the job tedious, time-consuming and overwhelming. You may have been relieved when your parents designated one of your siblings to manage the estate. However, things are not going as you expected.

What is probate mediation?

Once an estate has been sent to probate in California, the court transfers the property or money to the proper beneficiaries. However, disputes may arise regarding whether a will is valid. If the deceased person did not have a will filed, sibling disputes or conflict between other interested parties may arise as to how the court should properly divide the assets.

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