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When someone dies, their estate goes through a legal process known as probate. The executor is an important part of this process and is responsible for carrying out the deceased’s wishes.

However, sometimes the executor doesn’t do their job properly. If you think your executor has mishandled an estate, you may be able to sue them.

Who is the executor?

The executor is the person responsible for carrying out the deceased’s wishes. For one, they’re in charge of distributing the estate’s assets. They do so by following the instructions set forth in the will. If there is no will, they’ll follow state intestacy laws.

The executor is also responsible for paying the estate’s debts and taxes. They must do this before distributing any assets to beneficiaries. Lastly, the executor must deal with any estate litigation that may come up. This includes handling any lawsuits that are filed against the estate.

When can you sue the executor?

There are a few different reasons why you might want to sue your executor. One reason is if they’ve mishandled estate funds. This could include using estate funds for their own personal gain or failing to pay estate debts and taxes.

Another reason to sue an executor is if they’ve failed to properly carry out the deceased’s wishes. For example, if they’ve distributed assets in a way that doesn’t match the instructions set forth in the will. Lastly, you may want to sue an executor if they’ve been unfair or unreasonable during the estate administration process.

How do you sue the executor?

If you want to sue your executor, you’ll need to file a lawsuit in a civil court. You’ll need to state your reasons for suing and what damages you’re seeking. While determining this estate litigation case, the court will look at the executor’s actions and see if they were indeed negligent.

When filing your lawsuit, you’ll need to decide if you want to sue the executor personally or professionally. If you sue them professionally, they may be able to use estate assets to pay any damages that are awarded.

If you sue them personally, they’ll have to use their own money to pay damages. This is usually only done in cases of severe misconduct.

Suing your executor is a serious matter. You should only do so if you have a valid reason and you’re prepared to see the case through to the end.

If you have children, own a California home or have a retirement account, it’s in your best interest to have an estate plan. In fact, it may be a good idea to have an estate plan even if you don’t have any assets. Without an advance directive, you may get treatment while incapacitated that you wouldn’t have consented to while of sound mind.

You’re the only one who makes decisions about your health

When you were a child, your parents could make decisions on your behalf if you were incapacitated. However, after reaching adulthood, you are the only one who can do so. Without proper documentation, you may not get the treatment that you want or need in a timely manner. In addition to an advance directive, you can appoint a medical agent to speak on your behalf if necessary.

Make sure your kids are taken care of

You can designate a guardian for your children with a will or trust. A trust can also hold property for the benefit of your sons or daughters until they are old enough to manage assets on their own.

You are more likely to be of sound mind when you’re younger

Perhaps the best reason to start estate planning at a younger age is that you are more likely to be of sound mind. If there is reason to believe that you weren’t capable of understanding what a will, trust or other estate plan documents were when they were made, those documents might be invalidated. This means that your home, car or other possessions may be subject to state intestacy laws.

Taking a proactive approach to estate planning may make it easier to manage your affairs while alive and after your death. Having a clear plan in place may also reduce the risk of conflicts arising between family members or your child lacking the resources necessary to experience a comfortable upbringing. It may be worthwhile to review plan documents on an annual basis after they are executed.

Part of owning a small business in California involves handling the inevitable legal disputes. As your company grows, your chances of having a legal dispute over a contract, unfinished project, or other disagreement becomes more likely. Fortunately, instead of costly legal trials, you can choose mediation to help solve your disputes.

What is mediation?

During mediation, a conversation occurs between at least two groups of people. The goal of this conversation involves reaching a mutually satisfying resolution to a dispute or conflict. A mediator oversees the process and acts as an unbiased, confidential and neutral party.

What are the benefits of workplace mediation?

During workplace mediation, small business owners typically experience the following benefits:

  • The process provides effective results.
  • Small businesses especially benefit from mediations costing less than a traditional trial.
  • The mediation process takes less time than a traditional trial.
  • Mediator services are widely available.
  • Hostilities are typically reduced during mediation.

How does the mediation process work?

Often, business owners do not know what to expect from a mediation proceeding. While each mediation proceeding varies in the exact procedure, a few aspects will remain consistent.

Expect to experience these steps in a workplace mediation:

  • Mediator welcomes each side.
  • Each party gives a statement.
  • Mediator asks questions to clarify any confusion.
  • Mediator keeps a dialogue with both parities in order to develop and alter proposals.
  • All parties strive to reach points of agreement, and ultimately, a final agreement.

Conclusion

As a small business owner, you should expect to have some legal disputes. A lengthy trial over these disputes can cost you time and money. Instead of a trial, consider mediation to resolve them.

Inclusive hiring involves making choices that recognize diversity in your job applicants. When you decide to work on having inclusive hiring practices, embrace the range of backgrounds and perspectives that job candidates in California bring to the workforce. But inclusive hiring requires you to take active steps to make sure that the process promotes diversity.

Inclusion starts with the job descriptions.

Focus on a welcoming job description that promotes diversity and inclusion. To achieve this goal, make sure your job descriptions do the following:

  • Avoid gender-specific terminology.
  • Remove industry-specific jargon.
  • Choose language local to the workplace.
  • Use short sentences and paragraphs.
  • Choose fonts that are easy to read such as Arial, Tahoma, or Open Sans.

Make sure your career webpage design promotes accessibility.

Your website should include accurate photos depicting the diversity that already exists in your workplace. Include videos and audio descriptions whenever possible. In general, make sure that your website follows the Web Content Accessibility Guidelines.

Be upfront about the video interviewing process.

Some of your most qualified candidates may not possess experience with video interviews. To create an inclusive interview atmosphere, provide prospective interviewees with expectations before the day of the interview. Provide guidance to the applicant on lighting and audio requirements.

Expand your job advertising locations.

If you continually use the same job advertising methods, you are not incorporating inclusive hiring practices. Ideally, your job advertisements should include print, virtual job fairs, and social networks. You should also consider advertising on job boards that cater to specific minority groups.

Why is an inclusive hiring process important?

Having an inclusive hiring process lowers staff turnover, increases productivity, and results in greater job satisfaction. By promoting diversity and inclusion in your hiring practices, you will create a work environment that benefits your entire organization.

Disputes are bound to occur as long as two or more people are working together. But, that doesn’t mean it should affect your productivity or business in California. There are effective and fruitful approaches you could take to solve conflicts and even improve your work relationship with your colleagues or employer. Mediation is one of them.

Understanding workplace mediation in California

Workplace mediation is a process where an impartial third party, the mediator, helps employees in conflict understand each other’s points of view and reach an agreement. The mediator doesn’t take sides or make decisions for the parties involved. Rather, they facilitate communication between the disputing parties to enable them to come up with their own solutions that work best for them.

Reasons why people prefer workplace mediation

There are several reasons why workplace mediation has become a popular approach to solving workplace disputes in California. For one, it’s less costly than going to court or hiring an attorney. It also takes less time since most cases are resolved within a few sessions (or even just one sitting). Moreover, it promotes open communication and mutual understanding between the parties involved, which can help improve their working relationship. Lastly, it empowers employees to take control of their own conflicts and come up with creative solutions that work best for them.

If you’re thinking of pursuing workplace mediation in California, here are a few things you need to know:

  • Workplace mediation is confidential, and therefore, anything that’s said in your session cannot be used as evidence in a future court case
  • The mediator is impartial; they will never coerce you towards a particular outcome
  • Disputing parties must both be willing to participate for it to be successful
  • Either party can choose to walk away from the process at any time because mediation is voluntary in California
  • The parties resolve their conflict on their terms rather than under the limitations that a judge/jury  may legally be able to provide at trial

Mediation is one of the best ways to deal with any issue in California. But, for it to be effective, you must prepare for it adequately, express yourself in a clear and concise way, and listen carefully to the other party to understand them.