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Letters of Special Administration Most probate cases follow a similar pattern. It generally takes four to six weeks from the time a petition for probate is filed until Letters can be issued to the personal…
The California Harmless Error Doctrine Whether a document constitutes a valid will in California is a function of two variables: (1) the state’s Wills Act formalities, and (2) the degree of judicial compliance the courts…
What Is the Independent Administration of Estates Act? The Independent Administration of Estates Act (IAEA), enacted in 1987, has changed and streamlined the way in which probate sales may proceed. The IAEA is a series…
As probate attorneys, we’re often asked, “What are the most important steps I need to take after the death of a loved one?” While there are undoubtedly a ton of things to do in the…
When a person passes away and an estate is opened to handle the distribution of the person's assets and other legal matters, the first thing those handling the estate should do is obtain an Employer…
After a relative or friend dies, you may be surprised to learn that you were chosen to be the executor of their estate. You might feel pleased to have a chance to do a final…
This article does not cover the distribution of real property held in a trust or in joint tenancy. Nor does if cover the taxation of estate distributions. In general, nonresident alien decedents are subject to…
As with heterosexual relationships, breakup or death are the two possible endings for co-habiting same-sex couples. In the event of death, the rights of the survivor is a significant issue, especially with unmarried co-habiting same-sex…
Generally, an individual’s death does not extinguish creditors’ claims, but creditors must act quickly to assert their claims against a probate estate to avoid losing their rights forever. Every state has its own laws on…
When a person dies the transfer of the deceased’s residential property (or any real property for that matter) becomes an issue. Who is entitled to the real property upon death depends on how the property…
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