PROBATE

The legal definition of undue influence is when one party exerts excessive pressure on another, undermining their free will, in the context of wills. This often involves a caregiver, such as a son or daughter, or even a new spouse. In essence, it is exploiting a...

In estate planning, there’s often an assumption that a will or trust necessarily reflects the final wishes of the deceased in ways that are both accurate and enforceable. However, situations can arise where close family members are unintentionally left out of an...

An estate plan is a series of legal documents related to the wishes of the creator. For example, a will is a legal document that outlines how assets should be divided upon the testator’s death. Estate plans also typically contain trusts, powers of attorney, letters of...

The passing of a parent in a blended family can cause emotions to run high. Sorting through their belongings and figuring out the legalities of inheritance can feel overwhelming. An extra layer of complexity can be added if your parent remarried shortly before their...

Losing a loved one is a difficult experience. Unfortunately, those emotions can be compounded if you suspect foul play regarding your inheritance. Suppose you believe your mother, or someone else, stole your inheritance in California. In that case, you’ll want to...

Many couples use joint bank accounts to manage their finances together. One might wonder what happens if one spouse deposits their inheritance into a joint bank account. Does state law allow them to spend those funds freely? The answer, like many legal issues, depends...

There is a saying that people come out of the woodwork when there is a potential for financial gain. Those who win the lottery often start receiving requests from acquaintances they knew years ago and total strangers. When someone dies, quite a few different people...

Handing the end-of-life administrative processes can be, understandably, emotional and overwhelming. Aside from navigating the loss of a loved one, you also have to establish how the assets of the deceased should be allocated. If you are a California resident, you...

In California, interested parties to a will can go to court to resolve disagreements over how the estate should distribute the deceased’s assets. The interested parties include a larger group than the named beneficiaries, and they can challenge the will’s validity,...

An executor named in a testator's will plays an essential role in probate administration. An efficient and thorough executor may handle the necessary duties for processing a last will and testament in a California probate court. Some might wonder whether the executor...