In California, a car title can often be transferred after someone dies without going through full probate. The Department of Motor Vehicles (DMV) allows certain heirs or beneficiaries to complete the transfer using a small estate affidavit or other required forms. The...
Probate Blog Resources
Intestate Succession in California
When someone passes away without a valid will, California's intestate succession laws determine how their estate gets distributed among surviving family members. An experienced estate planning attorney can help you if you are handling an estate without a will or if...
How do people use undue influence?
In an estate planning context, undue influence occurs when someone pressures or manipulates an individual to change their estate plan. As a result, the plan may no longer reflect the person’s true wishes. While the changes or updates may appear valid—they are...
When sentimental property leads to probate fights
Sentimental property, including family heirlooms, keepsakes and personal items with emotional significance, often becomes a source of in-fighting (and even formal probate disputes) after a loved one’s passing. While these items may not hold substantial financial...
Do children have to pay their parents’ debts?
Children inherit their parents' assets in most cases. Parents certainly can pick other beneficiaries if they would like, or they can disinherit certain children. But as a general rule, these adult children are going to expect that they will inherit tangible assets,...
How does probate in California differ from other states?
An estate planning goal for many is to find tools that help to reduce the need for probate, which is the settling of a deceased person’s estate. For example, you may bypass probate, or a portion of it, by creating and funding a living trust. However, all states have...
How to Lower Probate Costs in California
We all want to leave some inheritance to the people we care about when we die. This, in part, explains why you work hard after all. And as you create your wealth, one of the most important decisions you need to make is creating an estate plan. Probate is the legal...
2 financial risks that come from estate administration
Serving as the personal representative of an estate could be the result of accepting that responsibility or a decree by the California probate courts. In either situation, you will have to fulfill certain responsibilities in your role as the representative of an...
Does an estate executor have to pay debts?
When a person writes a will, that is the beginning of their estate plan. The estate executor is the person who is actually going to make sure that this will is followed. This individual has a lot of different duties and responsibilities after their loved one passes...
Probate litigation isn’t just about family feuds
Many times, the estate or trust of a former San Diego resident can get embroiled in probate or trust litigation because of disgruntled relatives. Litigation is possible, for example, when some family members feel like they were treated unfairly in the distribution....
