Ideally, a will can guide surviving family members and the probate court on how to properly distribute the deceased's estate. But sometimes, specific circumstances can cause disputes and lead to probate claims. These claims can result in disputes and even litigation...
Knowledgeable Advocacy For All Aspects Of Estate Administration, Trusts And Conservatorship Matters
Year: 2023
Will contests: how can you prove undue influence?
Parties to an estate would want to have a smooth and speedy probate administration. However, if an heir or beneficiary finds that there was an undue influence when the testator created their will, they would most likely contest the will’s validity, even if it means...
Can creditors go after a trust to recover debts?
Trusts are usually straightforward. The settlor creates the trust, the trustee manages and administers it, and the beneficiary receives their share. However, confusion may arise if creditors appear and demand payments from the trust. Fiduciaries and beneficiaries must...
How many agents do you need for your powers of attorney?
The longstanding adage goes, “With great power comes great responsibility.” In the context of estate planning, bestowing power on someone who will decide on your behalf in the event of incapacitation or death entails a pivotal commitment to delivering formalized...
Intestate succession: Where will my assets go if I have no will?
A will generally lets you decide who benefits from your assets after you pass away. This way, it helps reduce conflicts over matters like succession, inheritance and even taxes. But what if you pass on suddenly before you can write a will? This is where intestate...
Do I need to do anything as a beneficiary of a trust?
Technically, an individual does not have to do anything if assigned as a beneficiary to a trust. However, a beneficiary’s inactive participation in the trust’s monitoring may put the trust assets at risk of mishandling and improper management. When this happens, it...
Will vs. Trust – which fits your needs?
In the event of your incapacitation or death, you would prefer to have your affairs in order. A comprehensive estate planning process ensures that your wishes regarding seamless management and distribution of your wealth among your rightful survivors are honored. It...
Will a will prevent probate?
Probate is a long and expensive process of transferring a person’s property and assets upon death. The probate process would be the default in California unless the deceased took other estate planning measures, such as creating a living trust or establishing joint...
What you should know about charitable trusts
When you hear about charitable trusts, you might initially think this tool is about donating to a charitable organization with no returns. But there is more to a charitable trust than you think. A trustor can still benefit, directly or indirectly, from a charitable...
Will I get my inheritance if there is no will?
With or without a will, the assets and properties of a deceased individual will undergo probate and estate administration. The difference is that the testator’s wishes will take precedence if there is a will. If there is none, the courts will decide on the...