There are some telltale signs that your estate may cause issues in the courts or among family members after your death. Knowing what these issues are and how to pinpoint them can truly help you create a solid estate plan that is going to hold water and that is going...
Deciding to contest a will can be a serious action to take. The process can be emotional, time-consuming and expensive. It can also cause rifts in families. However, challenging a will is sometimes necessary despite the potential difficulties. To contest a will, you...
After the death of a loved one, actions begin almost immediately to manage the affairs of the estate. When the deceased individual incorporated a trust into their estate plan, the trustee must abide by the terms of the trust to distribute trust assets. In California,...
With advances in health care, Americans are living longer lives and well into retirement. Some of these elderly people are vulnerable. According to the U.S. Census Bureau, more than 47 million citizens are over the age of 70. Elder exploitation or abuse is not...
Lack of testamentary capacity is one possible reason to contest a loved one’s will. Typically, this ground is considered when a recently deceased loved one had senility, dementia, insanity or was under the influence of a substance. However, many people do not fully...
The death of a loved one is an emotional time and it is made worse when you feel slighted by the inheritance or if you believe the trustee is mismanaging the estate. If the estate is in a trust can you contest it? Yes, but there are rules. A trust timeline The first...
Undue influence is an unhealthy persuasion or influence that one person can have over other, substituting the will or judgement of the manipulator for that of the victim. Seniors who are especially trusting, lonely or dependent on others tend to be especially...
Because many people do not want to think about the prospect of their or their loved one’s death, they avoid thinking about estate planning. However, this leads to many misconceptions about the topic. Planning your or your loved one’s estate is crucial to ensuring that...
If you suspect a trustee is abusing their financial power over an estate, you can take legal action to remove them. An estate is often a large, complicated gift a loved one leaves after their death. Its official distribution can take years, if not decades. If you...