Posts by Radiant Probate & Estate Law
How Do Executors Handle A House Sale During Probate?
If you are an executor for an estate that includes valuable real property, such as a house, you may need to sell the property during the probate process. For instance, you might need to pay off estate debts or liquidate assets so they can distribute to heirs and beneficiaries. However, unless you have full authority under the Independent Administration of…
Read MoreCreditors may file claims against estates for unpaid debts
During probate, executors will need to handle claims filed against estates to recover unpaid debts from the deceased’s assets. The Superior Court of California website notes that an estate’s personal representative also owes a duty to notify the deceased’s known creditors. Executors generally notify those creditors with outstanding debts or potential claims that may recover the amounts owed through the…
Read MoreWhat am I allowed and not allowed to do as an executor?
A distant relative has named you executor, and you’re ambivalent about this position. On the one hand, you’re honored to be trusted with the responsibility. On the other hand, you know very little about being an executor, which overwhelms you a bit. You may wonder what you are and are not allowed to do as executor. Here are a few…
Read MoreThe challenges of being an executor for a family member
The executor of an estate is the individual who is tasked with making sure that the wishes of the deceased are carried out as instructed. This may sound very simple in theory but, in practice, it can actually be quite challenging. You’re a family member of the deceased. They asked you some time ago if you would do the job…
Read MoreDo you have to follow a person’s will regarding life insurance?
As the estate administrator, you know that it’s your job to pass the assets out to the heirs. The will is your guidebook that tells you how this is supposed to be done. You have to follow the instructions laid out for you by the person who died. Say that estate plan says you’re supposed to split the life insurance…
Read MoreWhen heirs or beneficiaries are minors, you need a guardian ad litem
When a parent dies, leaving minor children as survivors, the minor children have inheritance rights. Whether the minor children inherit under a will or they inherit as intestate heirs, their rights must be represented in the probate process. Because children cannot simply inherit property in their names, someone must represent the children’s interests. The person who represents such interests is…
Read MoreDoes the estate executor influence who gets which assets?
After a loved one has passed away, the estate executor takes charge. They help to work through the probate process by getting the will admitted to probate, gathering and managing the assets, paying the bills and things of this nature. Ultimately they will distribute the estate assets. An administrator does the same things as the executor, except that in the…
Read MoreDoes the executor have to pay an estate’s debts?
Your parents recently died and you were named the executor of their will. (If there is no valid will, this is called the “administrator.”) It simply means that you’re the one that handles the estate and takes care of things after your parents have died. As everything goes through probate and the will (or the law where there is no…
Read MoreParties involved in will contests in California
A will contest is a legal proceeding that takes place when someone disputes the validity of a will. In California, specific parties are involved in a will contest. Let’s take a look at who they are. Interested parties in will contests in California The contest of a will must be brought by an “interested party.” There are many people who…
Read MoreUnderstanding the process for a probate sale keeps you informed
Selling a house under California probate is much different than selling a house in a private sale. Understanding the process can make it easier to navigate. There are specific parameters that must be followed in some cases, which are based on California Probate Code 10300, et seq. Selling requirements for a probate sale In adherence to California Probate Code 10309,…
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