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If your parent’s will names only some of their grandchildren as beneficiaries, this reality can understandably inspire questions, confusion and – possibly – family conflict. A grandchild who has been left out and parents of a grandchild who have been excluded may,...
Beneficiaries don't always get along with the estate's executor. Some estates involve disputes between these parties, particularly when beneficiaries believe the executor is not acting in the best interest of the estate. Below are three common problems between an...
When a person drafts a will or changes it, they must do so voluntarily. The testator must fully understand the consequences of the clauses in the will. This is called testamentary capacity. Often, testators may have reached their advanced years. This could mean that...
Many estate disputes are practical in nature. Maybe they just revolve around money. Two siblings don’t feel that the estate’s funds were split up properly and they get into a dispute over who should receive more. In cases like this, there may be a simple solution....
Inheritance can be a source of joy and security for your children, but it can also turn into a battleground for sibling rivalry and resentment. Thankfully, there are proactive steps you can take to minimize the risk of conflict and help ensure a smooth inheritance...
Parents do have a right to update or change their estate plan after they’ve made it. It’s important for them to review the plan periodically, considering their assets and any changes to their family so that they can make appropriate adjustments. The first will and...
Inheriting an asset, whether it is property, money, or anything valuable, can bring up conflicting feelings. If you are mourning a loss, you are going through a tough time. At the same time, life goes on, and there are important matters you will need to tend to. If...
Every court permits the use of extrinsic evidence to determine whether a will is valid. Some concerns about a will's validity include proper Wills Act execution or whether the deceased had testamentary capacity. Under common law, the use of this kind of evidence has...
Even with a well-crafted estate plan, disputes can arise. But you can prevent almost every problem or solve those that come at you unexpectedly by understanding the legal issues that can arise in California after your death. Sources of problems The first source of...
Your loved one’s estate plans were a crucial step in securing their legacy and making sure that their wishes were followed. So, why does it seem like something has gone wrong? Unfortunately, fraud, deception and undue influence from others can sometimes taint either...