What are the duties of an estate executor?
When a person creates an estate plan, they have to decide who will be the executor of their estate. This is the person who will handle the administrative duties once the creator dies. It’s critical that they name a person who can reasonably handle those duties. Understanding exactly what an estate executor has to handle […]
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 […]
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 […]
3 reasons to revoke power of attorney authority
During the estate planning process, establishing a power of attorney is a crucial part of ensuring one’s affairs are managed effectively in the event of incapacity or other narrowly tailored circumstances. A power of attorney helps by granting authority to a trusted individual to enact decisions on the grantor’s behalf in the event of an […]
Sentimental items cause difficult estate disputes
Estate disputes can happen for many different reasons and surrounding a variety of assets. In some cases, it’s just about money. A group of beneficiaries has been left a significant sum of money that will change their lives, and they can’t agree on how that money should be divided under the terms of the estate […]
Steps to take if you suspect undue influence in a family will
The death of a loved one is always difficult — discovering their will does not seem to reflect their life or expressed wishes can make things even worse. Now, you must wonder if someone interfered with your loved one’s final wishes and if you should challenge the will. This is called undue influence in the […]
Tips to reduce probate costs
Probate occurs when your estate is administered after you die. It ensures debts are paid and assets are distributed to beneficiaries. This process can sometimes be lengthy and costly. However, if you plan carefully, it is possible to minimize these expenses. Create a comprehensive estate plan One of the most effective ways to reduce probate […]
Unequal bequests could increase the odds of estate disputes
If you are writing an estate plan, you are not obligated to make things equal. There is no legal requirement to leave the same amount of assets to all of your beneficiaries. If you want, you can certainly use unequal bequests. Although it is definitely up to you what you do with your estate, it […]
What to do if you can not find the decedent’s will
The single most important document to locate after a testator passes away is their will. Their will contains the testator’s last wishes, including instructions on how their estate should be managed, who should benefit from the estate and who is responsible for settling the estate. Without the will, the testator’s last wishes may never be […]
Can you contest a power of attorney?
Your loved one may have appointed an agent through a power of attorney (POA) to ensure their affairs are well managed if they become incapacitated. Therefore, you have a right to be concerned about the agent’s actions or even the validity of the POA. In such a case, can you contest the POA if it […]