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probate Archives

Do you need a probate referee?

If you have been asked to serve as the personal representative for a family member or friend's estate in Los Angeles, then unless you have prior experience in probate law, estate administration or asset appraisal, you are likely viewing your new responsibilities with a certain degree of trepidation. Not to worry; the court understands that not everyone is an expert in estate matters. One of the most important aspects of preparing an estate for probate is determining its value. If your loved one's estate consists of a large amount of non-monetary assets, that may be difficult. Fortunately, you can call upon the assistance of a probate referee. 

Smart estate planning steps can save children’s relationship

When the surviving children of a recently passed California parent go through the probate process, emotions far greater than grief can flare. Old resentments can rear their heads, particularly if the last parent has not carefully planned specifically to prevent adding fuel to the flame. Often, communication is the most important tool.

Testamentary capacity and when it is missing

There are times in California when those left behind believe that the loved one who left a testamentary will, did not have the mental capacity to legally execute such a document. They believe that he or she was not of sound mind. Lack of testamentary capacity may be a basis to contest a will.

Contesting a will

Individuals and family members in California who feel a will is incorrect or unfair may choose to contest, or challenge, it. It can be difficult to properly contest a will, and it is not successful in most circumstances. It is important to know who can contest it and for what reasons.

How can you protect your family from estate disputes?

Since the California probate process can be long, difficult, and lead to disputes over the estate, many people look for ways to avoid it altogether. Estate planning is one tool that can be used to keep some assets out of probate and establish a clear picture of your final wishes.

Probate basics

In the state of California, whether you have a written will or not, your estate will go through probate upon your death, if it meets a minimum threshold and you do not have a living trust. Here at The Law Office of Matthew C. Yu, we understand the intricacies of probate law, and we help our clients through the process.

Probate and sibling disputes

Sibling feuds are an age-old familiarity to most California residents, yet fighting over a decedent's estate is another matter. Probate is the court-supervised process of collecting a decedent's assets, paying those who are owed money and distributing the rest of heirs. A probate can consist of lengthy paperwork that can very from process to process. 

Handling debt after death

After a loved ones dies in California, people may think that all of their debt dies with them. However, this is often not the case. It is important to understand what happens to debt after death.

What goes to probate court upon a person’s death?

You may have heard someone say that something is in probate after a person's death. This refers to the California probate court that handles estates after a person dies. Not everything goes to court, though. According to the Superior Court of California, the court only steps in when it needs to because the law outlines who are heirs to an estate and how estates must be divided. In addition, if the person has a will, it usually is enough to handle the distribution of the estate without a need for it to go to court.

Is your loved one a victim of undue influence?

One common reason why you or a family member in California may dispute the legitimacy of a loved one’s last will and testament is undue influence. It is common practice for people to update their wills periodically throughout their lives. But when a loved one’s estate plans contain radical changes from previous versions, you may start to suspect that their caregiver or a family member used some type of manipulation to gain from their estate. 

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Torrance, CA 90505

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