If your parents make an estate plan, it is going to distribute the assets that they own. This happens after they pass away when tangible assets – such as cars, homes, businesses and personal possessions – and financial assets get distributed between the beneficiaries....
Knowledgeable Advocacy For All Aspects Of Estate Administration, Trusts And Conservatorship Matters
Year: 2023
3 benefits of irrevocable trusts
There are several options available for you to set your estate plan up so your loved ones are cared for when you pass away. While you probably know about writing a will, you should also consider trusts. There are two types of trusts – irrevocable and revocable. An...
What is self-dealing by a trustee?
Trusts are put in place for the good of its beneficiaries – and a trustee is put in charge. The trustee is responsible for managing the trust’s assets and distributing funds according to the terms of the trust, even if they’re permitted to do so with a great deal of...
Choosing an executor? Why you should look beyond family ties
When choosing the person who will carry out your last wishes as outlined in your will, it is natural to incline towards a family member. We all love our families, but let’s face it - divvying up assets and navigating legal waters can be a breeding ground for tension....
Understanding the order of payment in a California probate
Before rightful heirs and beneficiaries get their share of their deceased loved one’s estate, the personal representative must first pay all debts and taxes. For executors and administrators, it is essential to know the order of priority to ensure they are...
What is testamentary capacity?
A will is one of the most important legal documents that you can ever sign. Done right, a will takes the guesswork out of the equation and ensures that your assets pass down to the people and causes that you approve of when you die. Without one, the government might...
When can a no contest clause in a will be void?
A will dispute after the testator’s passing is not uncommon. This dispute can be time and resource-consuming. Worse still, it can sow a lasting seed of discord amongst family members. It’s for this among other reasons that a testator might want to add a no-contest...
Can a beneficiary fire or replace a trustee?
In the world of estate management, a trustee might not handle the trust's assets wisely or may lack transparency about the trust’s affairs. These issues could depend a lot on what the trust agreement says and what the specific situation is. But if a beneficiary thinks...
What probate claims can lead to litigation?
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...
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...