How are the decedent’s debts handled in probate? By Sandra McCarthy|April 15th, 2016|Probate Column 1, Probate FAQs| Anyone who winds up a deceased person’s affairs must see that all legitimate debts are paid. Claims are received two ways – formally and informally. At the formal level, the Notice of Petition to Administer Estate published in the newspaper gives legal notice to all creditors to file their claims within four months after issuance [...] Read More Comments Off on How are the decedent’s debts handled in probate?
Can a minor receive property in probate? By Sandra McCarthy|April 15th, 2016|Probate Column 2, Probate FAQs| Usually property cannot be distributed to minor unless a guardian has been appointed for the minor’s estate. There are some exceptions, however, if the amount to be distributed is small, the decedent’s will names a custodian to receive the minor’s property or the minor has a court-appointed guardian. If there is no appointed guardian, and [...] Read More Comments Off on Can a minor receive property in probate?
When can a probate be closed? By Sandra McCarthy|April 15th, 2016|Probate Column 2, Probate FAQs| The probate estate may be closed any time after the expiration of the creditor’s claim period (four months from the date letters are issued) if all debts and taxes have been paid or sufficiently secured, and no problems prevent the estate from being closed. In order to close the estate, the personal representative must file [...] Read More Comments Off on When can a probate be closed?
Who can represent the estate in a probate proceeding? By Sandra McCarthy|April 15th, 2016|Probate Column 2, Probate FAQs| The estate representative (executor or administrator) represents the estate in a court proceeding. If there is a will which names an executor, that person is the estate representative. If there is no will (the decedent died intestate), the court will choose the estate representative who is called an “administrator.” If there is a will but [...] Read More Comments Off on Who can represent the estate in a probate proceeding?
Selling Real Property in Probate By Sandra McCarthy|December 28th, 2015|Estate Planning, Probate| Selling real property in probate may take a prolonged period of time. Several procedures must be followed to legally sell a home during probate. If you need help with selling real property during probate, and your case has been filed in Ventura County, San Diego County, Los Angeles County or other county in California, contact A [...] Read More 1
Does a Will Have to be Probated in California? By Sandra McCarthy|June 7th, 2015|Estate Planning| What Constitutes a Will? The contents of a typical will could include: *The deceased’s real estate holdings *Stocks and bonds *Cash or cash accounts *A life insurance policy *Pension benefits, death benefits *Personal belongings *Bank account funds or funds with any financial institution, and retirement accounts. Probate is legal term that refers [...] Read More Comments Off on Does a Will Have to be Probated in California?
Simplified Probate Alternatives By Sandra McCarthy|April 21st, 2014| Simplified Probate in California Small Estate Threshhold Has Increased Effective January 1, 2020 Small California estates with assets worth $166,250 or less may be settled without formal probate proceedings, using relatively simple transfer procedures. This summary form of probate (Summary Probate) is available regardless of whether the assets are real property or personal [...] Read More 0
California Probate By Sandra McCarthy|April 19th, 2014| Our California Probate Service Make Sure Beneficiaries Receive Their Inheritance Navigate California probate with our cost-effective, comprehensive online probate service. Empower your probate journey with professional guidance. Start a Probate Talk to an Expert Affordable Probate Document Preparation Managing probate in California can often feel daunting, [...] Read More 2
How to Write a Will Without a Lawyer: Complete DIY Guide By Sandra McCarthy|November 29th, 2023|Wills, Estate Planning| A will is more than just a legal document; it's a declaration of your intentions, a testament to your wishes, and a safeguard for your loved ones. With a will, you not only ensure financial stability for those left behind but also guarantee that your assets are distributed as you desire. According to the [...] Read More 0
Different Types of Conservatorship in California By Sandra McCarthy|September 26th, 2023|Conservatorship| The probate process in California starts after someone dies. Depending on the size of the estate, the process of probating an estate can be surprisingly quick and simple to complete. For larger estates, probate may be lengthy and more complex. Here's what you need to know to start the probate process in California. Read More 0
What’s Conservatorship of the Estate vs. Conservatorship of the Person? By Sandra McCarthy|September 14th, 2022|Conservatorship, California Courts| When setting up a conservatorship, one of the top questions people have is often, "What is conservatorship of the estate vs. conservatorship of the person?" Read More 0
Conservatorship vs. Power of Attorney in California By Sandra McCarthy|September 7th, 2022|California Courts, Probate| When comparing conservatorship vs. power of attorney in California, which one is better? And under what circumstances? Read More 8
What Is a Durable Power of Attorney for Healthcare in California? By Sandra McCarthy|August 28th, 2022|California Courts| This article helps you understand how a durable power of attorney for healthcare works and how to establish one. Read More 0
How to Get an Emergency Conservatorship in California By Sandra McCarthy|August 22nd, 2022|California Courts, Family Law, Probate| This post explains how to get an emergency conservatorship in California as well as why an emergency conservatorship isn't a permanent solution. Read More 0
What’s a Conservatorship of the Estate in California? By Sandra McCarthy|August 10th, 2022|California Courts, Estate Planning, Family Law, Probate| It happens every day: while driving on a highway, someone gets into a ghastly accident and sustains an injury. The accident impairs their cognitive and physical ability, and they can no longer oversee their estates and finances. What happens if, God forbid, this person is your spouse or relative? You may decide you need [...] Read More 0
What’s a Conservatorship of the Person in California? By Sandra McCarthy|August 8th, 2022|California Courts, Family Law, Probate| Dementia, stroke, and other debilitating illnesses are all too common, especially among the elderly. What happens if you have a loved one with an issue like this? You probably want to make sure they get all the attention and care they need. If you live in the Golden State, one way of ensuring you [...] Read More 0
How Temporary Conservatorship in California Works By Sandra McCarthy|July 27th, 2022|California Courts, Family Law, Probate| Have you ever wondered what would happen in someone close to you was involved in an accident that incapacitated them? How could you legally step in to help if they needed intensive treatment or were unable to manage their personal property? If you're in the Golden State, the best solution may be a temporary [...] Read More 4
How to File for Power of Attorney in California By Sandra McCarthy|July 11th, 2022|California Courts| Age, illness, or a combination of the two can rob us of our decision-making abilities. However, that should not signal the end of our happy lives. With a conservatorship or a power of attorney, a person in such a situation can get help with crucial decision-making. If you'd like to help someone you love [...] Read More 4
What to Do About Power of Attorney Abuse in California By Sandra McCarthy|July 4th, 2022|California Courts| Power of attorney is, as the name implies, powerful. This makes it ripe for abuse if the wrong person acquires that power, and it also means the position has to be subject to a lot of scrutiny even when it's in good hands. Perhaps you have gotten power of attorney and simply want to [...] Read More 0
How to File Conservatorship in San Francisco County, CA By Sandra McCarthy|June 15th, 2022|California Courts, Family Law, Probate| We all hope we'll be healthy and accident-free for a lifetime, but unfortunately, sometimes things take a turn. What if this has happened to someone you love in San Francisco County, CA, and they're no longer able to care for themselves? You now need to learn how to file for conservatorship in San Francisco County, [...] Read More 0