Author Archives: Jay Butchko
Debunking Common Myths About Dying Without a Will
Drawing up a Will is the only way to ensure that a person’s assets pass in line with their wishes after death. Dying without a Will, also called dying intestate, can leave surviving loved ones in a state of confusion and uncertainty. Unfortunately, many people are not familiar with the rules that govern intestate… Read More »
Spousal Undue Influence in California
Undue influence arises when a person persuades another person’s decisions due to the relationship between the two parties. In the contest of Will writing, undue influence occurs when someone close to a testator (the person creating a Will) influences or pressures the testator to make decisions that don’t reflect their true wishes. Often, undue… Read More »
How To Find the Right Probate Attorney in 2024 (For Executors)
When someone dies, it is often necessary to go through the probate process. After someone passes away and leaves behind a Will, the executor is responsible for probating the Will. Probate entails, among other things, proving that a Will is valid, gathering and inventorying assets, paying debts and taxes, and distributing remaining assets to… Read More »
What Happens if the Personal Representative Cannot Fulfill Their Duties?
After someone dies, the personal representative of the decedent’s estate serves a crucial role. The personal representative is responsible for administering the decedent’s estate. The administration process, also called probate, entails gathering the estate assets, valuing the assets, notifying creditors and beneficiaries, paying debts, and distributing inheritance to beneficiaries. If you recently lost a… Read More »
Inheriting a Family Business: Some Crucial Things You Should Know
A family business is a type of business that is owned or run by members of one family. Family businesses have several advantages over other business entities, including long-term focus and commitment, which contributes to stability, continuity, and legacy, a dedicated workforce, and personal investment. When a family business owner dies, it is common… Read More »
Tips To Help Siblings Resolve Probate Disputes
Sibling disputes are bound to arise after a parent dies and the probate process begins. During probate, sibling disputes can arise from various factors. Some of the main causes of sibling disputes during probate include unclear Will instructions, unmet expectations, unequal distribution, external influences, poor communication, and lack of trust. Unfortunately, sibling disputes during… Read More »
Some Myths About Probate You Need To Avoid Falling for in 2024
Probate is the process through which a deceased person’s estate is administered. The probate process can be complicated, and like any other complex area of law, many myths abound about probate. Unless you have been through probate previously, it is quite easy to fall for these myths. Falling for probate myths can have several… Read More »
How Long Does a California Probate Take in 2024?
Probate is a legal process that occurs after someone passes away. This process involves the validation of the decedent’s Will (if they left behind a Will), the identification of estate assets, the valuation of those assets, debt payment, and the distribution of assets to beneficiaries or heirs. If you recently lost a loved one… Read More »
Mistakes To Avoid When Serving as an Executor (For 2024)
When people draft wills, they usually name someone in the will as their executor. An executor is the party responsible for carrying out the probate process on behalf of a deceased individual. Probate is the legal process that takes place after someone passes away that involves, among other things, the validation of the will… Read More »
Reopening Probate in California
Probate is the process of settling a deceased person’s estate. It entails, among other things, identifying and locating the decedent’s assets, appraising the assets, paying creditor debts, and distributing the remaining assets to beneficiaries. Probate can be a lengthy and complex process. Once this process is closed, it is generally considered finalized. However, in… Read More »