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probate Archives

Outside factors that can affect the probate process

When it comes to probate, many different issues are frequently taken into consideration, from the wishes of a loved one who passed away to the proper way to handle a dispute. It is important to bear in mind that other factors may affect the probate process also, even if they have nothing to do with probate whatsoever. Moreover, these challenges can increase the likelihood of a dispute surfacing and other challenges appearing at some point. For example, high levels of job-related stress, health problems and addiction to drugs or alcohol can all affect someone with respect to the probate process.

Probate disputes with stepparents

For many stepchildren, there are a number of issues that may arise with stepparents from time to time. However, some are especially upsetting and can be very draining for all parties, such as probate disputes. If you have found yourself in the middle of a probate dispute with your stepparent, you may be struggling with more than just anxiety over the estate and uncertainty. You could be feeling betrayed or emotionally bitter because of your stepparent's behavior. It is crucial to carefully think your options through during this time and try to minimize conflict if you can.

Reviewing California's views on no-contest clauses

The last thing that you want is for there to be discord amongst your beneficiaries once you are gone. Not only to you want to avoid and familial tension, but the thought of the administration of your estate being slowed and have to pay out more in probate cost may concern you. Some might suggest avoiding the potential of disputes altogether by putting a no-content clause in your will. Many have come to us here at The Law Office of Matthew C. Yu after having received such advice wondering if it is a valid option. The answer to that question depends largely on the context in which a dispute arises. 

How can I tell if a senior loved one needs help?

Growing old can be difficult, especially for seniors who live independently. In this case, family members must be able to identify when a loved one needs additional help, either due to cognitive impairments or because of mobility issues. AARP offers the following advice in this case, which can help you help your elderly relative secure the assistance he or she needs to stay safe.

How can I avoid scams targeting the elderly?

Unfortunately for many seniors in California, there are a number of scams and fraud targeting elderly individuals. Falling victim to a scam can lead to a number of financial issues, including depleting assets you’ve set aside for your loved ones after you’re gone. In order to avoid common scams, the National Council on Aging offers the following advice.

Should I make my own will?

If you’re currently estate planning in California, you may be tempted to create your own will. While there are numerous resources allowing you to do just that, if the will you create is deemed invalid your estate might end up in probate. The Balance offers the following information on why you should consult with a legal professional when creating your estate plan.

Keeping harmony in the family even after your death

Few people enjoy family feuds. The Law Office of Matthew C. Yu understands that family harmony is important to most California residents, especially when it comes to avoiding probate disputes. You may realize that disagreements among your loved ones are inevitable, but there are things you can do that may lessen the chances of your relatives arguing over your estate after you have passed on.

Should I fear the probate process?

Whether you are preparing for the death of a loved one or getting ready to start your own estate planning, you might have heard the word “probate” mentioned a few times. Most likely, it was said with negative connotations. However, it is important for you and other Californians to realize that the probate process is a normal part of estate law, and it isn’t necessarily something to be afraid of.

Sibling rivalries and probate

In some instances, the probate process can give rise to a dispute between siblings who have never encountered any serious challenges in their relationship. Or, siblings who may have struggled with a longtime rivalry may find themselves at odds after their loved one passes away. Either way, our law office realizes that probate disputes can be particularly difficult when they involve siblings and other family members, and we believe that people in Los Angeles and across California should approach these situations with great care.

How does one's death affect claims in litigation?

You might think that the end of one's life would also signal an end to his or her legal troubles in Los Angeles, yet that is not the case. Any outstanding financial claims against an estate must be settled from the estate's assets before any funds can be dispersed to beneficiaries. Thus, if you have been asked to serve as the personal representative for an estate, it behooves you to know how creditors' claims are to be handled, especially those where is already involved. 

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Torrance, CA 90505

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