A power of attorney is a tool that people can use in California to help ensure that their wishes are respected regarding health and financial issues when they age or face health issues. The person who creates a power of attorney can revoke it at any time....
Estate Planning
What happens if an executor dies in California?
A person's estate is one of the most important legal matters that they will need to address. Understanding the impact of the loss of an executor is crucial. What does an executor do? An executor is someone who must have knowledge of the estate and be able to...
How can I avoid sibling disputes about asset distribution?
Few things in life are perfect, including wills that your parents may have created before they pass away. They may have left their wishes incomplete, or your siblings in California may not be happy with how assets will be distributed. Whatever the reason, sometimes...
The downside of do-it-yourself estate planning
Do-it-yourself estate planning poses significant risks and can impact your beneficiaries and assets. California residents can tackle several things as do-it-yourself projects, but estate planning should not be included in that to-do list. Questions of validity Not all...
What is a trust, and why is it beneficial?
When a person in California sets up a trust, they create a fiduciary agreement that lets a trustee hold assets on behalf of a beneficiary or several beneficiaries. Trusts get structured in various ways, specifying exactly when and how beneficiaries receive assets. A...
Determining who has standing in a will contest
Assets that remain in your estate after you pass away are generally subject to probate. During this process, it's possible that one or more parties may decide to challenge your will. However, only those who have standing to do so will have their challenges heard....
What can make a trust vulnerable to litigation?
California is one of the most litigious states in the nation, and the United States is the most litigious country in the world. It is not surprising, then, that many California residents place their assets into trusts to protect them from lawsuits, but this strategy...
3 types of trustee negligence
Negligence or incompetence in trust management is one example of a breach of fiduciary duty when managing a trust in California. In order to be found guilty, someone must have been injured by the trustee’s negligence. While the trustee may face criminal charges if...
Common mistakes in California estate planning
Estate planning can be an intimidating process for many California residents. From the outside looking in, it can seem exceptionally complicated and very emotional. A good estate plan is worth the time and energy spent though. As you’re starting the estate planning...
The pros and cons of being a personal representative
When California residents pass away, their estates usually go through a process called probate. During probate, the will is validated, the estate’s debts are settled and its assets are distributed according to the will’s provisions. The decedent’s personal...