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New Wills & Probate Legal Questions - California

How do I give up my rights to a property in a revocable living trust?

In California, you would have to execute what is known as a "disclaimer" of your right to inherit the trust property.  That would be any writing that states that you refuse or decline the prop

M.T.G., Member, New York Bar answered 6 days ago

Does one have to file a Will?

Most of these assets do not have to be probated, such as the TOD and POD. You need to find who is seleted as the executor and find out whether the will is valid. The state law requires some formali

Hong Shen answered 8 days ago

Do I need attorney to administer revocable living trust?

If you are dealing with a revocable trust pertaining to your parents' estate, you do not need to retain an attorney to administer it if you feel that you are capable of doing the job. The whole pur

E.M., Member, California Bar answered 9 days ago

Is there a law that states the amount an executor can be paid?

Yes, indeed there aer.  There is a statutory fee schedule in California based in part on the value of the decedent's estate. The court has some leeway as to what is "reasonable" under the

M.T.G., Member, New York Bar answered 10 days ago

How to contest/replace an executor?

You would need to petition the court where the will was probated. It you contact the probate department for that county they should be able to help you file what needs to be filed.  Be specifi

Thomas Reilly answered 10 days ago

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