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When a loved one passes away, you assume that you’ll be included in the will. For instance, perhaps it is your parent who has passed away. Over the years, you’ve always assumed that you would inherit certain tangible assets, financial assets and much else. However, as...
A revocable living trust is an important estate planning tool that enables an individual (hereafter called the grantor) to safeguard their assets throughout their lifetime. The purpose of establishing a living trust is to provide the grantor with a legal framework to...
Contesting a will in California isn’t as simple as saying, “I don’t like what’s in it.” There are strict rules involved, deadlines you must observe and legal hurdles to navigate. Whether you were unexpectedly left out or you suspect someone pressured your loved one...
Preparing for the trust litigation process can feel daunting, especially for those who have no idea what to expect. The good news is that, in California, the process is guided by specific statutes and rules. Understanding these steps can give you a roadmap that can...
The loss of a loved one is a traumatic experience, but the situation can quickly turn even worse if you find out that your loved one’s estate plan isn’t what you thought it was. While this could be for valid reasons, there’s also a chance that undue influence could be...
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...
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...