If you live in California, know that a will isn't the only document you need to plan for your future. A letter of instruction can also be essential to your estate planning. Unlike a will, which is a legally binding document that determines the distribution of your...
Will and Trust Contests
Discover the differences between a living trust and a will
Proper estate planning uses both simple wills and living trusts to help ensure your assets are handled according to your wishes after your death. Consider the key differences between them in order to design the best estate plan. What benefits do wills provide? The...
Tips to help siblings resolve estate disputes
Experiencing the death of a loved one is never an easy time. Unfortunately, mourning the death of a parent becomes more difficult if you're involved in an estate battle with one or all of your siblings. If you and your siblings are part of heated estate disputes in...
When a will can be contested
Not everyone can contest a will for any reason. There must be valid, legal grounds for this document to be challenged in court. The following reasons are why a will is often contested in California. No signature There are different types of will contests during estate...
Do you have the ability to contest a will?
If a deceased loved one lived in California at the time of his or her death, that person will likely be subject to that state's probate laws. The same may be true if that person owned property in his or her name in the state. In the event that your parent, grandparent...
How probate works in California
In California, passing away without a will is referred to as dying intestate. Through probate, the court will divide your property among your closest relatives under the state's succession laws. Here's an overview of how the probate process works. What happens when...
What to look for as you review your estate plan
Whether you're creating a new estate plan or updating a current one in California, there are several important things to examine. If you do not, it could lead to a wide range of issues in the future. Here's what to focus on as you check out your estate plan. Keep an...
Is a “no contest” clause to a will valid?
Residents of Newport Beach and other areas of California may want to learn more about the "no contest" clause that can be attached to a person's last will and testament. Its purpose is to provide for the disinheritance of an heir if they dispute the contents of the...
Why would someone challenge a will or trust?
Probate could become a more stressful process for heirs and beneficiaries than people realize. The same might be the case even with trusts that avoid the California probate process. Things may prove even more complicated when someone contests a will or trust. Being...
Contesting a will due to lack of testamentary capacity
While estate planning may be seen as an ironclad way to ensure that one’s assets are handled appropriately upon their death, that’s not always the case. In some situations, California citizens may be deemed to have diminished capacity at the time that they signed...