featured Archives - Page 2 of 5

When a Husband Dies, What Is the Wife Entitled To?

Probate Administration, Trust Administration

Upon losing her husband, a surviving wife’s inheritance will be determined based on a combination of state law, the husband’s last will and testament, any pre-marital or post-marital agreements, title to property, and beneficiaries listed on any investment accounts, retirement accounts, and insurance policies. However, barring exceptions (such as pre and post-nuptial agreements), every state […]

When a Husband Dies, What Is the Wife Entitled To? Read More »

Does a Spouse Automatically Inherit Everything?

Probate Litigation

The death of a spouse is one of life’s most emotionally challenging events, and that sudden change can also create financial uncertainty. While many people assume surviving spouses automatically inherit everything, this is not the case in states like California and Texas. If your deceased spouse dies with a will, their share of community property

Does a Spouse Automatically Inherit Everything? Read More »

Can Creditors Take Money From a Trust?

Trust Litigation

As is often the case when it comes to the law, the answer to this question is “it depends.” If you have transferred your assets into a revocable trust, your creditors will typically be able to access those revocable trust assets to satisfy a judgment debt. However, if you have transferred your assets into an

Can Creditors Take Money From a Trust? Read More »

What Happens If a Trustee Refuses to Give a Beneficiary Money?

Trust Litigation

The person who sets up a trust appoints one or more trustees to manage the trust assets for the benefit of the trust’s beneficiaries. According to California Probate Code §16000, trustees have a legal obligation to follow the instructions outlined in the trust instrument when administering the trust. The responsibilities are similar in Texas—according to Texas Prop.

What Happens If a Trustee Refuses to Give a Beneficiary Money? Read More »

Can the Executor of a Will Take Everything?

Executor of a Will

Executive Summary Glossary Estate executor – An individual appointed by a probate court who is responsible for managing and administering an estate and is named as executor in the decedent’s will. Beneficiary – A beneficiary is an individual or entity identified in a will as being entitled to receive benefits from the estate. Probate – The process in

Can the Executor of a Will Take Everything? Read More »

Can an Executor Override a Beneficiary?

Executor of a Will, Will and Trust Beneficiaries

An executor can override a beneficiary if they need to do so to follow the terms of the will or the probate laws of the state in which they are administering the estate. Executors are legally required to distribute estate assets according to what the will says and follow state probate laws. This means that if a beneficiary disagrees with the distribution

Can an Executor Override a Beneficiary? Read More »

featured

When a Husband Dies, What Is the Wife Entitled To?

Does a Spouse Automatically Inherit Everything?

Can Creditors Take Money From a Trust?

What Happens If a Trustee Refuses to Give a Beneficiary Money?

Can the Executor of a Will Take Everything?

Can an Executor Override a Beneficiary?

PRACTICE AREAS

Locations

Blog

Free Consultation