PathAfter FAQ
Legal and Financial Protection
Focused answers for people handling the first days, paperwork, and follow-up steps after a death in California.
Start checklistSurviving spouse, financial predators, and digital estate
What is undue influence and why does it matter in estate disputes?Undue influence is when someone uses a position of power or trust to pressure a vulnerable person into changing their will, trust, or beneficiary designations. It is a common basis for contesting a will in California. Signs: the deceased was isolated from…What if I think someone manipulated the will or trust before death?Consult a probate litigation attorney immediately. In California, you have 120 days from when you receive notice of the will to contest it. Evidence to gather: medical records showing cognitive decline, communications between the deceased and the person you suspect, financial records…What are my rights if I was left out of the will?If you are a surviving spouse, California law protects you from complete disinheritance — you are entitled to your share of community property regardless of the will. If you are an adult child, you have fewer automatic protections. If you believe the…What is a no-contest clause in a will or trust?A provision that says anyone who contests the document forfeits their inheritance. California enforces no-contest clauses, but only against a contest brought without "probable cause." If you have a solid legal basis to contest, the clause may not apply. Do not let…What if the executor is mismanaging the estate?Executors have a fiduciary duty to the beneficiaries. If they are self-dealing, failing to manage assets properly, or withholding information, you can petition the probate court to remove them and appoint a replacement. Keep records of all communications. Consult a probate litigation…What if the executor won't communicate with me?Beneficiaries have the right to information about the estate. In California, executors must provide an inventory, an accounting, and notice of major decisions. If an executor refuses to communicate, a probate attorney can send a formal demand. The court can compel compliance…What if I suspect elder abuse or financial exploitation was involved?Contact Adult Protective Services in California at 1-833-401-0832. If a crime occurred, contact local law enforcement. The California Attorney General's office handles elder abuse complaints. If a financial institution was involved, file a complaint with the CFPB. Financial elder abuse is a…What if someone forged the deceased's signature?This is fraud and potentially forgery — criminal offenses. Contact law enforcement. Gather any original documents for handwriting comparison. A forensic document examiner can analyze signatures. A probate litigation attorney can pursue civil remedies. Do not confront the suspect directly.What is a Medi-Cal hardship waiver and when can I apply for one?If Medi-Cal estate recovery would create an undue hardship — for example, if the estate is the primary source of livelihood for a low-income heir — you can apply for a hardship waiver. California's DHCS considers these on a case-by-case basis. You…What free legal resources are available in California after a death?California court self-help centers at every Superior Court — free legal information (not advice) on probate, small estates, and property transfer. Legal Aid organizations throughout California provide free legal help to low-income households. The California State Bar referral service can connect you…What if the deceased owed back taxes to the IRS?The IRS is a priority creditor — estate taxes and back taxes are paid before most other creditors. The estate is responsible, not you personally (unless you were a joint filer for those years). The IRS has a process for estate tax…What if a creditor files a claim after the deadline?In California probate, creditors must file claims within the later of 4 months after the executor is appointed or 60 days after the creditor receives notice. Claims filed after the deadline are generally barred. The executor can object to late claims. Do…What is a fraudulent conveyance?A transfer of assets made to avoid creditors — for example, transferring property to a family member shortly before death to hide it from the estate. Creditors and the probate court can reverse fraudulent conveyances. If you received a transfer from someone…What if I find out the deceased had a hidden debt or financial problem?Do not pay it immediately. Assess whether the estate is solvent (assets exceed debts) or insolvent (debts exceed assets). If the estate is insolvent, an attorney can help prioritize which debts get paid in what order. You are not personally responsible for…What if I receive a lien notice on an inherited property?A lien must be paid or resolved before clear title can pass. Types of liens: mortgage, property tax, mechanic's lien, IRS tax lien, judgment lien. Order a preliminary title report to identify all liens. Some liens can be negotiated or disputed. A…What is a creditor claim period and why does it matter?In California probate, once the executor publishes notice to creditors (required by law), creditors have 4 months to file claims. After that deadline, most claims are barred forever. This is one reason probate — though slow — actually protects the estate: it…What if the deceased was involved in a lawsuit when they died?The lawsuit does not automatically end. The estate steps into the deceased's legal position. Pending lawsuits — both ones they filed and ones filed against them — continue with the estate as the party. A probate attorney needs to be involved immediately…What if there is a wrongful death claim?If the death was caused by someone else's negligence or intentional act, the surviving family may have a wrongful death claim. In California, wrongful death claims must be filed within 2 years of the date of death. Qualifying claimants include the surviving…What if the deceased signed a contract I didn't know about?Contract obligations survive death and become estate obligations. Review mail, email, and files for any contracts — home improvement, loans, service agreements, leases. The estate must honor or properly terminate contracts. Some contracts have termination rights at death — read each one.What if someone is pressuring me to sign documents quickly after the death?Stop. There is almost never a legitimate reason to sign anything important within the first week of a death. Anyone pressuring you to sign quickly — a financial advisor, attorney, family member, or stranger — should be viewed with suspicion. Take documents…