Take care to recognize undue influence over your estate planning
When deciding what will happen with your estate upon death, you must have the capacity and freedom to make your own decisions. Unfortunately, in undue influence cases in California, someone can manipulate an individual into making estate planning decisions in their favor rather than in favor of the individual or those close to them. What […]
Types of elder financial abuse
Elder financial abuse is a growing problem in California, as older adults are increasingly targeted by scammers and unscrupulous individuals looking to take advantage of their vulnerability. This type of abuse can take many forms, including fraud, scams and theft and it can have devastating consequences for the victims and their families. Financial fraud One […]
Is it possible to sue a trust or a trustee?
As a resident of California, you may be considering using a trust as part of your estate planning. Trusts can provide many benefits, such as avoiding probate, reducing taxes and protecting assets. However, it’s important to understand that trusts are not immune to legal challenges. In some cases, you or others may be able to […]
The legal grounds for challenging a will
In California, if you believe that a will is invalid, you may have the option to contest it in court. This process allows individuals to challenge the will’s validity and present evidence to support their claims. There are several grounds for contesting a will, including questions of testamentary capacity, undue influence and fraud. Created with […]
Problems for heirs inheriting a California home with a reverse mortgage
Agents sell reverse mortgages to seniors who need money to meet their living expenses. When the senior dies without paying the reverse mortgage, the heirs generally have between one and six months to turn the home over to the mortgage company or pay off the loan balance. If you have inherited a house with a […]
What you should know about elder abuse in California
When someone over 60 years old experiences neglect or financial exploitation, it’s classified as elder abuse in California. Knowing the signs to identify this type of abuse can help you stop it. Some indicators aren’t as apparent as others. It can happen anywhere There are various places where elder abuse can take place. It might […]
Senior financial abuse laws
In California, financial abuse of the elderly is punishable by state and federal laws. California Welfare and Institutions Code section 15600 and other codes define financial abuse of an elderly or disabled individual and outline the consequences should a court find a person guilty. Elder financial abuse The law defines the elderly as any person […]
What are the signs of undue influence?
Probate is the process through which a deceased person’s estate is administered and assets are disseminated among heirs. Unfortunately, things can go wrong during the California probate process. This includes claims of undue influence. Examples of undue influence In the context of probate litigation, undue influence can be defined as strategies used to convince or […]
Wills and revocable trusts in conflict: What happens?
Some people in California who are planning their estate might decide to use both a will and a revocable trust. These tools have different functions and ideally will complement one another, but there are also situations in which the instructions in each one conflicts with the other. Wills and trusts Most people are familiar with […]
Should you consider having more than one executor?
In some cases, only one executor isn’t enough to handle the probate of your will after you pass away. There are benefits and drawbacks if you choose to go the co-executor route, so it’s important to know what they are before you dive in. For anyone in California who thinks they might need to appoint […]