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Trusts are a common estate planning tool used to manage and distribute assets. However, there are situations in which someone may want or need to challenge a trust. If you are concerned about the terms, legitimacy or execution of a trust, it's essential to understand...
Creating an irrevocable trust takes considerable planning and thought. After all, these types of trust are known for their permanence and unchangeability. But does that mean they can never be changed? It depends on the situation. Why do people create irrevocable...
We recently discussed potential problems with undue influence. This occurs when someone is manipulated into altering their estate plan, and it can sometimes lead to estate litigation. For instance, an elderly person experiencing cognitive decline may be lied to or...
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...
When your parent originally wrote their estate plan, they included you in the will. You know this because you had discussions with them about what to expect. You believed that you would inherit a portion of their estate, along with your siblings or other...
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...
Before you contest a will, it helps to understand the risks involved, including the possibility of being disinherited. Losing your inheritance can be a harsh reality, and understanding how this could happen can help you decide if contesting the will is worth it....
In California, as in other states, trusts established for minors are often created to preserve and manage assets until a minor beneficiary reaches a designated age. Often, especially if a minor’s parents pass away before the minor reaches adulthood, these resources...
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...
A testator (someone who drafts a will) can name co-executors to administer their estate. They can do this to divide labor, access professional skills, have someone they trust in an administrative position or avoid feelings of favoritism. While an estate can...