Darling & Wilson, PC Legal Blog
What happens to a safe deposit box after death in California?
A safe deposit box may hold a will, trust papers or instructions for final arrangements. After a loved one dies, family members may wonder who can open the box and what they can take. Under California law, a limited process allows access before a personal...
Do you need a trust, a will or both?
Estate planning can help you protect your family, manage your property and make important decisions about your future. If you live in Bakersfield or Delano, you may wonder whether you need a will, a trust or both. The right choice depends on your assets, family...
Found a bank account after closing an estate?
The probate case is closed and your family has received the estate property. Then an old bank statement arrives showing an account no one knew existed. The discovery raises an immediate question: Does the estate process have to begin again? The answer depends in part...
What are the legal options when a business partner is dishonest?
Years of business growth can be placed at risk when a partner is dishonest. This dishonesty often appears in ways that seem small at first. A partner may hide financial records, divert company funds, enter into side deals or make decisions for personal gain – all of...
3 common mistakes executors make during estate administration
Most people do not choose professional estate executors. They choose spouses, adult children, other relatives or trusted friends who suddenly find themselves responsible for managing an estate and fulfilling duties they may know little about. The role often involves...
Can trustees sell major assets without informing beneficiaries?
Beneficiaries of a trust may sometimes enjoy access to and use of trust property. Other times, they may receive funds distributed by the trustee after the sale of trust resources. A trustee generally has a fiduciary duty to act in the best interests of trust...
Why should you address property carefully in an estate plan?
One of the most important goals of estate planning is making sure that your loved ones can effectively manage your assets when you die. This includes everything you own, such as homes, vehicles, land, bank accounts, family heirlooms and business interests. Crafting a...
Why do people postpone estate planning?
You might think that most of the adults you know already have their estate plan in place, and you are one of the few who do not. You would, however, be wrong. A recent report found that over half of adults have no estate planning documents at all - 56% of them, to be...
Examples of real estate title defects
Title defects are issues with the property’s title that can complicate the process of transferring it from one individual to another. Sometimes a title defect just causes a delay. In other cases, it means the transfer cannot happen at all. There are many different...
The next-of-kin law doesn’t replace a chosen health care agent
For some people, creating an advance health care directive is even more emotionally challenging than putting their will in place. No one likes to think about what kind of life-prolonging measures they want ended or continued if they’re in a coma with no expectation of...