Can your family just ignore your living will?
Part of making an estate plan may include making future medical decisions. One way to do this is with a living will. It allows you to make decisions in advance about things like using a feeding tube, being kept on life support, being resuscitated and other matters of this nature. If a medical emergency happens, […]
What’s required for a will in California?
All adults should have an estate plan that outlines what they want to happen with their assets when they pass away. A will is one option that’s available to do this. Because a will is a legal document that might need to be enforced by the court, it is critical to have it set up […]
Which debts must heirs pay before getting their inheritance?
When a person dies, the estate pays off bills before family members receive any money. In California, the person in charge of the estate manages this process. Knowing what to pay first helps families understand why getting an inheritance can take time. How heirs pay debts in California The estate follows an order set by […]
Can a trustee sell the family home without beneficiary approval?
When a loved one passes away, and a trust holds the family home, emotions often run high. For many families in California, that home represents more than an asset; it represents memories, security and a deep sense of identity. So when a trustee announces plans to sell the property, beneficiaries understandably ask: Can they really […]
Are verbal promises about inheritance legally binding?
Most of us grew up learning that promises matter. We teach our children to keep their word and expect others to honor commitments made to us. But what happens when a loved one verbally promises you an inheritance and then passes away without putting it on their will? Does California law recognize these spoken assurances, […]
2 facts to know when removing a family member as an executor
When your family member files a petition for probate after a loved one’s death, the initial reaction is often relief because there is an executor who will handle the estate. But when months pass without updates or you suspect the estate’s value is shrinking, that relief can quickly turn into anxiety. As a concerned beneficiary, […]
Defending trust assets from fraudulent transfer claims
Trust administration often involves a trustee following the instructions of the trustor regarding asset management and distribution. Sometimes, however, the trust may face legal controversy. Trust litigation can occur because people claim outside influences or a lack of capacity compromised the trust-making process. Trust litigation could also become necessary when people question the conduct of […]
The problem with leaving unequal bequests
When drafting an estate plan, you do not necessarily have to split up all of your assets equally. Many people do, but do not assume that there is a legal obligation to leave all beneficiaries an equal portion. You do have the option to use unequal bequests, such as leaving the bulk of your inheritance […]
How testamentary capacity can lead to estate disputes
When someone wants to draft an estate plan, one key element is that they have testamentary capacity. This often means that they can demonstrate the cognitive ability to understand their decisions and show that they are of sound mind. An estate plan is a binding legal document, so it is necessary that the person truly […]
What is the function of a pour-over will during probate proceedings?
A standard or traditional will identifies an individual’s beneficiaries and provides instructions for the administration of their estate. Individuals who established trusts may use a trust to replace a will. Their trust can provide better control over the distribution of property and can even help protect resources from creditor claims and other issues. Occasionally, people […]