At Katzner Law Group, we often hear the question: What happens if someone dies without a will in California? Dying without a will—referred to as dying intestate—means the state decides how your estate is distributed, regardless of your personal wishes. Understanding what this means and how it impacts your loved ones is essential for anyone […]
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Anna lives in upstate New York. She is the only child of her recently deceased mother. Her father died nearly a decade ago. Anna is the executor of her mother’s estate. She recently made an appointment at her local bank to access her mother’s account. The bank representative said that she could not have access […]
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A probate judge is the person legally responsible for overseeing the probate court, determining the validity of a will (if there is one), and adjudicating the process of administering an estate. A probate court judge’s responsibilities include distributing a deceased person’s assets according to the instructions in their will or following intestate law, resolving disputes […]
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When someone passes away and has written a last will and testament, their estate executor will distribute the deceased person’s assets to their beneficiaries. An executor has many responsibilities and must follow state laws. These responsibilities and other factors can affect the estate distribution timeline and determine how long it takes for the executor to […]
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An executor can sell estate property without all the beneficiaries approving. However, there are some important caveats to consider. Their power is not unrestricted. For example, the outcome is very different if a decedent’s last will and testament states explicitly that a piece of property will go to a specific beneficiary or if the will […]
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What is a Small Estate Affidavit? Small estate affidavits are sworn legal documents that provide an alternative to formal probate. If a deceased person’s estate falls below a certain threshold, typically $100,000 or less, this option may become available. Probate, an important process that ensures the fair distribution of a deceased person’s estate and the […]
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If you are concerned that any of your beneficiaries may be disgruntled enough with their inheritance that they bring a legal challenge against your will, you can mitigate that possibility by adding a no-contest clause in your will. If you have a no-contest clause in your last will and testament, anyone who disputes the validity […]
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The probate court issues letters of testamentary approving an executor of a will to manage the decedent’s estate. But what happens if someone dies without a will, also known as dying intestate? The surrogate or probate court uses letters of administration to authorize a person known as the administrator to manage the decedent’s estate. A […]
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The death of a parent is an emotionally devastating and stressful time. Financial strains and uncertainties only compound this stress. Imagine two potential scenarios. Meghan is the only child of her wealthy parents. At age 40, the death of one of her 60-year-old parents was not even on her radar. Her father recently died suddenly […]
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An executor is a person named in the last will and testament of a deceased person or testator to manage their estate after they die. If there is no will, then the court will need to appoint someone to manage or administer the estate. This person, the administrator, will oversee the estate when there is […]
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