3 things that reduce the odds of probate disputes
Probate disputes can be very complicated. They can also be highly emotional, as they tend to happen at a relatively difficult time—after a loved one’s passing. That being said, there are some steps that people can take to reduce the odds of estate disputes. Nothing guarantees they won’t happen, but this will make them less […]
What is undue influence?
A person who makes an estate plan should be of sound mind and body. The contents of their estate plan should be strictly based on their own wishes and what’s legal. It’s against the law for anyone with authority or power over an individual to try to influence the instructions in their estate plan. If […]
When defective accounting threatens your inheritance
When a loved one passes away, the distribution of their estate is often handled through probate or trust administration. Heirs and beneficiaries expect a fair and transparent process, but sometimes defective accounting can put an inheritance at risk. Whether due to errors, negligence or intentional misconduct, improper financial management can lead to missing assets, unpaid […]
Were asset transfers to a trust fraudulent?
Trust litigation often follows inappropriate conduct by the trustee. Trust beneficiaries can ask the courts to remove the trustee because of their misconduct. In some cases, they can even ask to hold an individual financially accountable for embezzling or otherwise breaching their fiduciary duty to the trust in a manner that causes financial harm. Sometimes, […]
How are a decedent’s debts handled?
Many people pass away with debts that still need to be covered because debts don’t go away when a person dies. In most cases, the debts will have to be covered as part of the probate process. This is handled by the estate administrator. Estates can only pay creditors if they have the money or […]
Role of declaration of capacity in an estate plan
Disputes about estates often stem from questions about whether the person who created the will or trust understood the implications of what they were doing. These questions often come up when the estate plan’s components aren’t set up exactly how heirs expected. In California, the question about a person’s ability to make legal decisions can […]
Can you contest a medical power of attorney?
A medical power of attorney allows an agent to act on behalf of another person, making their medical decisions. This is often part of an estate plan, dealing with long-term care planning or end-of-life decisions. The agent may get to decide if they should keep the person on life support or not, for example. This […]
3 ways of proving lack of testamentary capacity
When contesting a will, proving that the deceased lacked testamentary capacity at the time of execution represents one of the most common and potentially successful grounds for challenging the document’s validity. Successfully challenging testamentary capacity requires demonstrating that the testator was not of sound mind when signing the will. This involves showing that mental impairment […]
How are decedent debts handled?
Many people have debt as adults. This can come from a variety of reasons, such as medical care, major purchases and credit cards. One question that often arises after the person passes away is who is responsible for those debts, because the debts don’t die along with an individual. When a person passes away, their […]
4 reasons to consider “firing” a trustee from your trust
Trusts are often created to protect and distribute assets for family members, charities or others with specific intentions in mind. A person appointed to oversee a trust plays a crucial role in making sure these goals are respected. However, not every trustee performs their job as expected. If a trustee’s actions harm the trust or […]