As an experienced Santa Clara probate attorney, I often receive questions from clients about the relationship between life insurance proceeds and estate debts. Many beneficiaries are uncertain about whether they are obliged to use life insurance proceeds to cover the decedent’s debts. Here, I’ll delve into this issue, providing clear, easy-to-understand insights. Life Insurance Proceeds: […]

A death doula, also referred to as an end-of-life doula, guides a person who is transitioning to death and assists their loved ones, according to the International End of Life Doula Association. “Doula” is a Greek word that reentered the modern vocabulary when non-medical support people began assisting at births. Just as birth is a […]

A funeral is a traditional method of honoring a person’s life after death. However, some people don’t feel comfortable having one. Choosing not to have a funeral is entirely acceptable. Your loved ones don’t have to attend the sad event if you want to spare them the burden. If you don’t have a funeral, other […]

After the loss of a loved one, you will likely have to go through a legal process called probate to administer his or her estate. It can be overwhelming and intimidating, as you may not initially know who to contact, what’s required of you, or how the process works in general.  There are also a […]

When a decedent leaves behind unpaid debts, creditors have certain rights when it comes to reclaiming those debts. However, a creditor’s ability to enforce their rights could be significantly limited if they fail to enter their claim within the appropriate time frame. A creditor who enters a claim too late may lose the opportunity to […]

The holiday season is often a time of great joy and the chance to gather with loved ones.  Yet for many families, it can also be a time of loss.  In our years of practice, we’ve found that more people pass away during the holidays than at any other time of the year.  Losing a […]

The process of settling an estate can take months to years, and the length of time for probate in Santa Clara County can vary drastically, depending on factors such as whether a will is in place and the complexity of the estate. Sometimes the probate process takes only nine months or so, but some cases […]

Dying intestate, or without a will, is unfortunately very common. If you die without a will, your property will go through a court process called probate and will ultimately be distributed according to California’s intestacy laws. Here are some common events that may happen if you die intestate: Your immediate next of kin, whoever they […]

As a Santa Clara County probate lawyer, I commonly say, “If you don’t create your own will while you’re alive, the state will give you one when you’re gone.” What that means is that if a person dies without a will (called “intestate”) their estate will be administered according to state law. Likewise, the heirs […]

In a perfect world, the executor of a Last Will and Testament will have all the information and resources they need to administer an estate quickly and efficiently. In the real world, however, many people don’t even know that they’ve been named the executor of an estate until after a person dies and they’ve read […]