What Can I Do if Someone Has Taken Something that Rightfully Belongs to An Estate?
It depends on the circumstances. If the estate has not been opened, then you or someone else with priority for an appointment can open the estate and become its executor (if nominated as executor in the will) or administrator (if not nominated in the will). Once appointed, you can seek relief under California Probate Code […]
What Does It Mean when A Bank or Similar Institution Says I Need to Get Letters or A Letter from The Court?
First off, they are not talking about the kind of letter you mail. They are referring to Letters Testamentary or Letters of Administration. The term “Letters” refers to the paper giving the person in charge of a deceased person’s estate the power to act on behalf of that estate. Getting Letters is no simple matter. […]
How Long Does Probate Take in California?
Probates in California have built-in delays. First, the court has to hear the probate petition. How quickly it is heard depends on the court and the particular judge. It could be six weeks. It could be six months. It could be slightly shorter or a lot longer. Then, the court has to sign the papers […]
Do Wills Avoid Probate?
ANSWER: No, but living trusts, done properly, do. Wills are simply instructions to the court as to who is to get your property when you pass away as well as who you want to be in charge of your estate. As long as you pass away owning assets, subject to probate, whose value exceeds a […]
What Is a Living Trust? How Does It Differ from A Regular Trust?
Trusts have existed for hundreds of years. Originally, they were intended for people like the Rockefellers and the Kennedys to enable the makers of the trust, called the trustors, to do things like prevent their heirs from getting their share of the fortune all at once. Trusts have five ingredients: Starting in the 1960s, trusts […]
When Do Trusts Expire? How Often Should I Have My Trust Reviewed?
The trusts I do expire either only when there is no property left in the trust or 20 years after the death of the last person mentioned in the trust. Trusts end when there is no property to be administered by it, the person with the power to do so revokes the trust or it […]
Why Some Legal Documents Are Too Long and Why That is Harmful
The 76-Page Con Job Recently, I heard that a client of mine, who had moved out of state was told by an attorney there that he would have to have his trust redone since it was in written in another state. First off, that was a lie. A trust made in one state is just […]
Advice to People Who are Going to Give Testimony
Here is the advice I gave and will continue to give to clients who are going to testify at a deposition or a trial. Tell the Truth: If your case can’t survive the truth coming to light, you should settle or dismiss it. Lying under oath is a felony. Even if you don’t mind committing […]
What Is an Executor? How Does and Executor Differ from An Estate Administrator?
Executors and administrators are both appointed by the court to take charge of an estate. They are both referred to as “personal representative of the estate.” The powers and responsibilities of executors and administrators are identical. The difference is that an executor is someone nominated in the will and the administrator is not nominated in […]