Though the purpose of a will is to eliminate confusion and stress over the division of an estate, it is still possible that a fight may occur between family members of property and assets. The executor of a will has the right to divide the property according to the...
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Handling stress after the loss of a loved one
Even when it's expected, losing a loved one is very stressful and emotionally difficult. When it's unexpected, this can be even more drastic. While this experience can be different for everyone, there are many things you can do to help yourself handle this stress and...
What you need to know about probate
Probate is a court process to manage the estate details of someone who dies. Probate laws are complex and involve many factors like dealing with financial responsibilities and transferring property to heirs. What issues does probate manage? These court proceedings...
How are debts handled during probate?
Serving as executor for someone’s estate means you need to fulfill all their last wishes. It is your duty to carry out their instructions in their estate plan and to complete some unfinished business. People who serve as executors have an obligation to distribute...
3 common misconceptions surrounding probate
Probate is a process you may seek to avoid. It has the potential to create a great deal of hassle for your heirs. It is also surrounded by many fallacies. These need dispelling before proper estate planning may occur since probate is a major consideration when...
What happens if someone sues you for breach of fiduciary duty?
When someone designates you as the executor of his or her will, you become the administrator of his or her probate estate when (s)he dies. This makes you a fiduciary. As FindLaw explains, this means that you represent the estate and its beneficiaries, i.e., the heirs....
What can cause delay during probate?
Probate is not always a long process even though many people think that it is. A simple estate can often move through the process quickly. However, complex estates will usually take more time. According to SmartAsset, you can usually tell how long probate will take...
Steps to take after a loved one dies
When a loved one dies, the remaining family members and friends go through a variety of emotions and feelings. Many people are unsure of what steps to take in dealing with the decedent’s estate, and there is often confusion when it comes to figuring out how to...
Is Probate Always Necessary In California?
If you’ve just lost a family member, you are likely trying to work through your own grief and be there for those that you love. During a difficult time like this, it can feel especially burdensome to tend to the legal matters related to the decedent’s estate....
Why avoiding probate can be so beneficial
Estate planning is about far more than directing inheritance to heirs and minimizing taxes. For individuals who do not take proactive measures, loved ones may end up enduring a process known as probate. Probate is the court-supervised process of transferring a...