What Happens If You Die Without A Will? That depends on how you hold title to your assets. If you die and everything you own is in your sole name, then the assets must pass through probate to be transferred to your next of kin. When you die without a Will, you are said to […]
When someone dies in California, who is responsible to pay the debts? The simple answer is the estate, but that’s not such a simple matter in most cases. The reason it is not so simple is because most people do not require a probate estate to be opened. If all of your assets pass through […]
Last updated on 09/04/2024 What can you do when you find yourself left out of a parent’s Will? That all depends on the circumstances surrounding the creation of the Will in the first place. Understanding Inheritance Rights in California For starters, in California children do not have a right to inherit any property from a […]
When a person dies owning property in his own name and has no Will, the property left behind must pass through probate before it can be transferred to the legal beneficiaries of the estate. Probate is opened and managed by an estate administrator, and the law sets out the priority of who has the right […]
What happens to debts after you’re gone? There’s two ways to look at that question: (1) debts that are owed TO you, and (2) debts that are owed BY you. Are either type still enforceable after your death? Debts owed TO you Let’s start with debts that are owed to you, in other words, where […]
Starting this year there is yet another way to pass property by avoiding probate: Transfer on death deeds. Transferring real property without having to go through probate sounds great, but there are a few strings attached. In the past, people have commonly used joint tenancy deeds to pass real property without having to go through […]
All goods things must come to an end…and probate’s end too. Once you have done everything required of you to administer the estate, it is time to report your actions to the Court, account for the money and property under your control, and ask to be paid your fees. All of this is accomplished by […]
Once you open a probate estate by filing (and having the court approve) your Petition for Probate, the work to administer the estate begins. The first step is to obtain certified copies of your Letters. The Court issues an order granting your petition for probate, but the order does not allow you to take any […]
Did you know that the number one reason for probate is to protect creditors? Yes, beneficiaries of the Will or estate are important too, but creditors always come first. Life can be hard for creditors of a decedent. There are a mess of rules and procedures that creditors must follow to keep their claims alive. […]
Can a debt be collected against me or my family after death? In California, a decedent’s family is not responsible for the debts of the decedent. There are times where a surviving spouse may be liable, but even that has its limitations. For example, if the decedent had a purely separate property debt, then the […]
