California — How to Confirm Whether a Will Is the Original or a Copy
How to confirm whether a will you received is the original (California) Detailed answer: How California law treats original wills and what you should check Under California practice, probate courts prefer to receive and admit the original signed will. An “original” is the single physical document (or set of pages) bearing the testator’s signature and […]
Read article →How to Buy Out Siblings’ Interests in a Parent’s Property — California Guide
Can I buy out my siblings’ interests in our father’s property in California instead of selling it? Short answer: Yes — in many situations you can buy your siblings’ interests so the property remains in the family. The steps and legal requirements depend on how title is held (joint tenancy, tenancy in common, trust, or […]
Read article →California: What happens if an original will is lost or damaged in the mail?
What to do if the original will is lost or damaged in the mail before it reaches the courthouse Quick overview: If an original will is lost or damaged while being mailed to the probate court, California law allows the court to admit a copy or other proof of the will’s terms if the person […]
Read article →California Financial Power of Attorney: What Powers Can Your Agent Have?
Detailed Answer This section explains, in plain language, the types of powers a financial (also called "durable") power of attorney (POA) typically gives the agent you name, and how California law controls those powers. Core idea. A properly drafted financial power of attorney gives the agent legal authority to manage the principal’s money and property. […]
Read article →California: Securing Wrongful Death Settlement Proceeds Through the Court Clerk
How to Secure Wrongful Death Settlement Proceeds Through the Court Clerk in California Short answer: In California, wrongful death claims are prosecuted and settled under the Code of Civil Procedure. The usual way to secure settlement proceeds with the court is to (1) have the person with authority to settle obtain a court judgment or […]
Read article →California: How to Replace an Old Will with a New One (Revocation Rules and Practical Steps)
Detailed Answer — How to create a new will that automatically revokes your prior will under California law This section explains, in plain language, how to update your will so the new document replaces the old one without filing either document with the court. It outlines the legal rules in California, step-by-step actions you can […]
Read article →California: Can Funds Held in Trust Be Released If the Deed Hasn’t Been Recorded?
Can funds held in trust be released if the deed hasn’t been recorded yet? Short answer Yes — sometimes. But it depends on the type of trust/escrow, the written instructions or trust agreement, the parties’ conduct (whether the deed was validly delivered), and the title company or lender requirements. Recording the deed protects against third‑party […]
Read article →Probating a Copy of a Will in California: How to Avoid a Presumption of Revocation
Can I Probate a Copy of a Will in California Without It Being Presumed Revoked? Short answer: Yes — California law permits a court to admit a copy of a will when the original cannot be located, but you must prove the will was validly executed and that the decedent did not revoke the original. […]
Read article →California: Do I Need to Attend the Court Hearing for a Minor Settlement?
Will I need to attend the court hearing for a minor settlement, and what should I expect? Quick answer: In California, many minor (under-18) settlements require court review and approval. A parent or guardian (or the minor’s attorney or a guardian ad litem) will usually attend the hearing. The court’s goal is to protect the […]
Read article →California: Guardian ad Litem in Minor Injury Settlements — Role and Who Can Serve
What a Court-Appointed Guardian ad Litem Does in a California Minor Injury Settlement Short answer: In California, a guardian ad litem (GAL) is a court-appointed representative who protects a minor’s legal interests in a civil case and during settlement. A GAL must be appointed by the court; you cannot act as the child’s GAL informally […]
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