Believe it or not, sometimes a beneficiary may refuse their inheritance. This is called a disclaimer of inheritance, and it’s a legal act where someone formally declines to receive assets left to them. People may do this for tax reasons, personal beliefs, or because accepting the gift would disqualify them from certain government benefits. Others may decline if...

Unmarried couples often assume they have the same rights as married spouses—but when it comes to inheritance, that’s rarely the case. Without a will or trust, unmarried partners usually receive nothing, even if they lived together for decades. That’s why estate planning is especially important for non-married couples. A will, living trust, or beneficiary designation (like...

Pets are family to many people, and it’s becoming more common to include them in estate plans. A person can name a caregiver for their pet in their will, or even create a pet trust to set aside funds for ongoing care. These plans ensure the pet is placed in a loving home and that expenses like food, vet...

When a loved one passes away, one of the first steps is locating their will—but what happens if it’s missing? A lost will can create delays, confusion, and even court battles among potential heirs. Start by checking the deceased’s home, safe deposit boxes, or with their attorney. Many people store their estate planning documents in a...

Real estate is often the most valuable asset in an estate—and one of the most complicated to manage during probate. Whether it’s a family home, a rental property, or land, these assets typically require appraisal, title review, and sometimes court approval before they can be transferred or sold. If multiple heirs are involved, disagreements may arise...

Guardianship plays a critical role in estate distribution when minor children or incapacitated adults are involved. If a parent dies leaving behind underage children, a legal guardian is often appointed to care for the child—and sometimes manage their inheritance. Courts may place assets intended for minors into a guardianship account, which is closely supervised. This can delay access...

When someone dies without a will, heirs often need a legal tool to claim their inheritance. One such tool is an Affidavit of Heirship—a sworn statement used to establish who the rightful heirs are. This document is typically signed by someone familiar with the deceased and their family history. It outlines information such as the decedent’s...

In inheritance law, understanding the difference between community property and separate property is essential—especially in states like California, where community property laws apply. Community property generally includes assets acquired during a marriage. Both spouses legally own this property equally, regardless of whose name is on the title. When one spouse dies, their half of the community property is distributed per...

When someone passes away, they often leave behind more than just assets—debts must also be settled. Common debts include credit cards, mortgages, medical bills, and even personal loans. These obligations are handled by the estate before any distribution to heirs. The executor or administrator is responsible for notifying creditors, verifying claims, and using estate assets to pay valid...

One of the most efficient tools for avoiding probate is life insurance. When set up properly, life insurance can provide immediate financial relief to beneficiaries without the delays and legal fees associated with probate court. Life insurance proceeds are typically paid directly to named beneficiaries, bypassing the estate entirely. This means that as long as the policy...