Posts tagged "Probate Litigation"
Challenging a will can be a daunting task, but California residents that believe they have a valid claim may be able to successfully contest a will. Nationwide, 99 percent of all wills pass through probate without problems arising. Probate courts generally stick pretty closely to what the will says since it represents the last wishes of the deceased person.
In California and around the country, inheritance disputes sometimes arise after people die. Family members may file lawsuits to prevent people from inheriting from estates if they believe that the people caused the deaths. In a case that was filed in New Hampshire, a man's aunts are suing to try to prevent him from inheriting money from his grandfather's estate because his aunts believe that he killed his grandfather and his mother so that he could inherit the money.
After a person dies in California, it may be necessary for the will to go through probate. If that is the case, the custodian of the will has 30 days from a person's passing to present an original copy to the probate court clerk's office. The executor of the estate should also receive a copy.
As much as we'd like to think that our heirs and survivors will come together in grief after we're gone, that isn't always the case. Family in-fighting, resentment, anger, greed, and old "scores to settle" often rear their ugly heads in the aftermath - or just before - a loved one's death.
Whether a person has a will or not, it may be necessary for the estate to go through the probate process. If a California resident has a valid will, that person is considered to have died testate. If there is no will, a person will have been declared to die intestate. In most cases, assets will be distributed according to state law when a person dies intestate.
Unfortunately, some California family members have disputes and arguments with each other over the estates that have been left behind by their deceased loved ones. When these issues arise, it is important for you to act to protect your interests.
California residents might like to know about the latest issues involving the late singer Prince's estate. The pop star owned the rights to his works, which passed to his estate after he died. His discography includes several best-selling albums as well as unreleased songs. A deal for $31 million was made with Universal Music Group, but this agreement was rescinded in July 2017.
Among the least pleasant topics for California residents looking to draft a valid will and testament is that of guardianship for their minor children. Some parents may rely on the law to ensure that children enter the custody of their trusted next of kin, but even this is no guarantee that guardianships of both children and their inheritance will end up with preferred individuals. Understanding California law on guardianships and why each is necessary for the parents of minors can help protect heirs from asset disputes and other probate issues.
Almost 99 percent of wills go through the probate process without any issues. However, California residents who have completed a will should be aware of the different reasons a will can be challenged.
When Californians die, many will have large portions of their estates go through the probate process in order for their assets to be distributed and their debts to be repaid. The probate process may be fairly complex, but it involves some specific steps that will happen before the estates will be closed.