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March 2015 Archives

Conservatorships and guardianships in California: the basics

Conservatorships and guardianships serve a number of purposes in an estate plan. Establishing conservators and guardians can help prevent costly legal disputes in the future (should you be unable to care for your minor children or loved one) and give you peace of mind as you plan ahead for your future or the future of a loved one.

Does your estate plan need some spring cleaning?

At the beginning of the year, millions of Americans make New Year's resolutions. Some pledge to lose weight, some say that they will be better with money, and others promise to be more active with their charities. A few will promise themselves that they will make sure to update their estate plans, but like many people who make resolutions, they fall by the waste side in about a month.

Can creditors sue the estate to collect payment on debts?

A common question that people toiling in debt may have is what happens to their debts when they pass away? Unfortunately, they don't always go away as a creditor can make a claim against one's estate to collect an outstanding debt.

Does property always have to go through probate?

For executors, one of the things that can keep a person up at night is the prospect of probating a will. This is the name given to the process of transferring legal possession of property from one person (the deceased) to another (a person identified in the will). It should be known, though, that the probate process may only apply to assets that can be controlled by the probate court. In essence, there are a number of assets that do not have to be transferred through court order because they are not necessarily transferred exclusively through a will.

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