A common source of confusion during probate involves joint bank accounts. Many people assume that adding a child or relative to their bank account will help them avoid probate—but the legal reality is more complicated. If the account is set up as “joint with right of survivorship,” the surviving person generally receives the funds directly—outside...
It’s a tough subject—but yes, it is generally legal to disinherit a child. Parents sometimes make this decision for personal, financial, or even emotional reasons. But doing it improperly can lead to years of courtroom battles. To legally disinherit a child, you typically need a clearly written will or trust that spells it out. Simply...
Believe it or not, billions of dollars in unclaimed inheritances sit idle across the U.S. each year. When an estate is left without clear heirs—and no one steps forward—the assets may eventually be turned over to the state through a process called escheatment. Why does this happen? Sometimes the heirs are hard to find. Other times,...
Unlike stocks or real estate, personal items with emotional value—like jewelry, art, and family heirlooms—can cause the biggest fights during probate. These items may not have a high dollar value, but their sentimental worth is priceless. When a will is vague or silent about who should get certain possessions, siblings and relatives may end up...
In some wills and trusts, you’ll find a clause that essentially says: “If you challenge this, you get nothing.” This is called a no-contest clause, and it’s meant to deter heirs from fighting over an inheritance. But does it really work—and can a beneficiary actually be disqualified? In many states, including California, no-contest clauses are enforceable—but only under...
In many families, the person closest to an aging loved one at the end of life is a caregiver. Sometimes that caregiver is a professional nurse or aide—but other times, it’s a neighbor, friend, or even a distant relative. When that caregiver ends up inheriting the bulk of the estate, eyebrows are often raised—and lawsuits...
It’s more common than you think—someone passes away, and out of nowhere, a long-lost relative appears with a claim to the estate. These situations can feel like a dramatic movie plot, but in probate court, they’re all too real. When someone dies without a will (intestate), the law looks to next-of-kin to determine who inherits....
If you’ve found yourself stuck in probate court, you’re not alone. For many heirs, the probate process drags on for months—or even years—causing frustration, financial strain, and unnecessary stress. But why does it take so long? The reality is that probate courts are often overwhelmed. In many counties, the number of open cases far exceeds...
When someone passes away and money is on the line, scammers are never far behind. Inheritance scams have grown more sophisticated, and they prey on grieving families and unsuspecting heirs—often when they’re most vulnerable. One common scheme involves fake “law firms” or “probate agents” contacting heirs and claiming they’re entitled to a large inheritance from...
If your loved one owned real estate in another state, their passing could trigger something called ancillary probate—a separate legal process required to manage property located outside their home state. For many heirs, this adds complexity, delays, and unexpected legal fees. Let’s say your mother lived in California but owned a vacation cabin in Colorado. After...