Recent news reports indicate that the estate of Aretha Franklin is moving forward without a hitch, but the question remains whether the decedent had a will. Aretha, who died on Aug. 16, 2018 was a resident of another state at the time of death so that the estate administration will not take place in California. The estate was apparently filed on Aug. 20 by her niece who requested appointment as the personal representative.
Estate planning options to protect family assets
If you have elderly parents and you are concerned about their estate plan, or lack thereof, you might be wondering what you can do to protect their assets when the time comes for them to move into a nursing facility or when they pass away. Like most people, you probably want to help them keep their assets and heirlooms within the family. The last thing you will want is to watch everything your parents have worked for get liquidated to pay off taxes, creditors and other expenses.
Probate court monitors and oversees administration of the estate
Probate technically means to "prove a will." When a person dies testate in California -- that is, with a will -- the will is filed in the probate court in the county courthouse. The filing and administrative work is done by the executor, who is the personal representative appointed in the will. When filing the will, the executor takes an oath to act as a faithful fiduciary in the interests of the estate during the probate process.
