How Can I Go Through Probate With My Family Without Things Getting Hostile? That all depends on what you mean by “go through probate.” If you are referring to the probate of a Will (or the administration of an estate without a Will), then you may be able to get through the process by simply sticking […]
This is heartbreaking problem and is nearly impossible to fix after someone dies. Typically, the problem arises when someone creates a Will decades before death and sets out his wishes at that time. But over time he changes his mind and wants to leave the estate to different people. The decedent may even tell people he […]
My relative wrote their own Will and it’s being contested by family members who were left out, what should I do? Fight back. The fact that the Will was written by your relatives is not, in itself, grounds to contest the Will. Of course, that does not stop people from contesting it anyway. But to contest the Will, […]
Yes. In America, you can take almost any legal action on your own, even representing yourself in court. Of course, the old saying is “he who represents himself has a fool for a client.” That may be true in some complicated legal matters, but there are plenty of simple legal matters where you can do-it-yourself. A simple […]
Who should be notified when Probate begins in California and whose duty is it to notify them? Under California law, the entire world must be notified when probate begins in California, and it is the named executor’s job to do so, or the person filing to open probate. But how do you notify the world? It all […]
The short answer is twelve to thirty-six months or more. But the specific answer varies widely based on the circumstances you confront in your case. It can take far longer than you like to resolve your Trust or Will litigation case. And there are a few factors that affect the length of your case. The […]
That all depends on what you mean by “probate.” In California, in fact in the entire United States, we operate under the so-called American system of litigation fees; meaning each party pays their own fees regardless of who wins the case. But there are a few exceptions. For example, if you have a contract that […]
Contesting wills and trusts can be difficult because each document operates under a different set of rules. And each document has a different statute of limitations for contesting it. Timeline for California Will Contests You really cannot contest a California Will until someone offers the Will to be admitted into probate. Under California law, a Will […]
Yes, provided that relative has standing to sue. Any family member (or past beneficiary) who has been excluded from your Trust or Will can fight for inclusion after you die. But to do so they first must have standing. To have standing means they are an heir or prior beneficiary of yours and they have […]
You need a partnership agreement, limited liability agreement, or shareholder’s agreement depending on the type of business entity you have. If you have a general partnership, or a limited partnership, there should be a partnership agreement that governs your business entity. The partnership agreement contains many provisions that help govern the business while you are […]
