Author Archives: Jay Butchko
What Are Your Inheritance Rights as a Stepchild?
Blended families are common in the United States of America. According to research, 16% of children in the United States of America live in blended families. This is a family where there is a stepparent, stepsibling, or half-sibling. However, a crucial thing that many people do not know is that many probate laws don’t… Read More »
A Guide on What To Do With an Inheritance
You may be wondering what to do next if you recently inherited a large sum of money from a deceased loved one. If you recently received an inheritance, it is crucial that you act slowly and strategically. You need to consider the implications of your actions before making any decisions. In this article, we… Read More »
Do Life Insurance Policies Go Through Probate?
Many people want to ensure that, if they die suddenly, their loved ones are protected and stable. One way a person can give their family extra financial protection if they die is by establishing a life insurance policy. A life insurance policyholder makes regular payments to the insurance company. In return, the insurance company… Read More »
Must I Hire the Attorney Who Prepared the Will to Probate It?
If you recently lost a loved one and they left behind a Will, the Will needs to go through probate. Probate is a process whereby the court validates a Will and appoints someone to administer the decedent’s assets and distribute assets to the intended beneficiaries. If you are ready to probate your deceased loved… Read More »
How Can Siblings Avoid Or Resolve Probate Disputes?
Often, after a parent dies, sibling disputes arise during the estate administration process, also known as the probate process. Unfortunately, probate disputes with siblings can cause permanent rifts. Also, disputes arising between siblings during probate can result in lengthy and expensive legal actions. This article discusses some of the most common causes of sibling… Read More »
Resolving Probate Disputes Through Arbitration
Probate disputes can arise for various reasons. For instance, disputes can arise if beneficiaries think the personal representative is mismanaging the estate. Disputes can also arise if a legal heir feels they were left out of the Will. Probate disputes are often difficult for the involved parties. When disputes arise during probate, it might… Read More »
Objecting To A Petition For Probate
After someone dies, their estate might need to go through probate. In a probate case, the court validates the Will (if one exists). Also, a personal representative is appointed to, among other things, collect estate assets, pay debts and expenses, and distribute the remaining assets to beneficiaries or heirs. If there is a Will,… Read More »
Four Common Will Provisions And The Reasons Behind Them
Wills are documents executed by “testators” that describe what the testators want to happen to their assets after they die. If a person dies with a Will, their assets are distributed according to their Will. On the other hand, if a person dies without a Will, their assets are distributed according to the state’s… Read More »
Contesting A Will Where The Decedent Was Suffering From Dementia
After someone dies, survivors could have several grounds to initiate a Will contest. One of the grounds for contesting a Will in California is “lack of testamentary capacity.” If you recently lost a loved one who was suffering from dementia, you may be wondering if you can contest their Will and claim that they… Read More »
A Brief Guide To Help You Survive Probate (2023)
If you have recently lost a loved one, you may have many questions about probate. Probate is statutorily driven, which means that laws passed by the California legislature govern the probate process in California. In California, laws governing the probate process can be found under the California Probate Code. At The Probate Guy, we… Read More »