Mary Randolph earned her law degree from the Boalt Hall School of Law at the University of California, Berkeley. She is the author of The Executor's Guide: Settling a Loved One's Estate or Trust, 8 Ways to Avoid Probate, and other books about law for nonlawyers. She has been a guest on The Today Show and has been interviewed by many publications, including the Wall Street Journal, the Los Angeles Times, the San Francisco Chronicle, and more.
Articles By Mary Randolph
Property held in joint tenancy is usually easy to transfer to the survivor after the other owner dies.
It's not enough just to find the will--the executor also must make sure that the will-maker didn't revoke or replace it later.
The word “children” in a will might seem simple, but it can get complicated due to circumstances like adoptions, stepparent relationships, and timing.
Can you "fire" the executor? A court can always remove an executor who is dishonest or seriously incompetent.
It's usually difficult to successfully challenge a will--but it happens.
The person who serves as the "executor" of a living trust is called the "successor trustee."
If there's a will, you can't start a probate case until you file it with the court.
Special needs trusts can make sure a beneficiary with a disability can inherit from family while staying eligible for important government benefits.
If you're administering a living trust, first you need to find out what property was actually held in the trust.
You don't have to turn everything over to a lawyer—these days, legal services are available a la carte, which can save on legal fees.