Author Archives: Jay Butchko
California Probate: Creditor Claims
After the death of an individual, probate court allows unsecured creditors to demand payment from the deceased individual’s estate by filing a creditor’s claim. A secured creditor can enforce their lien rights without needing to file a creditor’s claim. However, for an unsecured creditor to obtain payment, they must follow certain procedures in a… Read More »
California Probate: Removing An Executor Or Administrator Of An Estate
In California, the executor of a decedent’s Will is mandated by law to follow the terms of the decedent’s Will in conformity with California probate laws. If there is no Will, an administrator has a fiduciary duty to comply with the state’s intestacy laws. While most executors and administrators meet their fiduciary obligations, there… Read More »
Who Cannot Serve As A Personal Representative In California?
In California, a personal representative is an individual who has been entrusted to carry out the administration of a decedent’s estate. According to California Probate law, the individual named in a decedent’s will has the right to be appointed as a personal representative unless otherwise disqualified. If there is no will or a will… Read More »
5 Common Mistakes Personal Representatives Make During Probate
If you have been named the personal representative of a decedents’ estate, you probably already know that you have a very critical job to do, which is administering the decedent’s estate using ordinary care and diligence. Considering the crucial work you need to do as a personal representative, it is understandable if you are… Read More »
Fraud Claims: Some Important Information For Executors And Beneficiaries
In California, if a decedent’s Will names the person they want to be put in charge of administering their estate after they die, that named person will be appointed as the executor upon the decedent’s death, unless the court finds them unfit to serve as executor. Often, an executor will be a decedent’s spouse,… Read More »
Dealing With Problems Between Executors And Beneficiaries
Unfortunately, sometimes, executors and beneficiaries don’t get along. As an executor, a beneficiary may harass you to give them their inheritance early. As a beneficiary, you may feel the executor is doing something that is not in line with their fiduciary duty. When problems between executors and beneficiaries arise during the probate process, tensions… Read More »
Undue Influence: What It Is And How To Prove It
As probate attorneys, our duty is not only to help clients prepare wills and trusts or with the probate process. Probate attorneys also assist clients in checking the validity of wills and challenging invalid wills. An example of an invalid will is one made under undue influence. Proving undue influence by the use of… Read More »
3 Unique Tips For Successful Estate Planning You Need To Know About
The importance of estate planning can never be overemphasized. However, despite many people knowing about the importance of estate planning and considering estate planning, not enough people are actually writing Wills or creating Trusts or other estate plans. According to a CNBC article, the COVID-19 pandemic has produced a rise in estate planning, but… Read More »
Safely Storing Your Estate Planning Documents
It is a wise move to inventory your assets, decide how you would like your estate’s assets to be distributed after you become incapacitated or die, and take every other crucial step to ensure you have a successful estate plan. But, after signing your estate planning documents, where or how do you store them?… Read More »
Estate Planning Amidst A Pandemic
Estate planning is important on any given day, but it has proven to be important during a pandemic. The world has been living in uncertainty because of COVID-19 since 2019. Amid the climate of uncertainty surrounding the pandemic, people of all ages have been forced to grapple with the difficult subject of estate planning… Read More »
