Friends, family, acquaintances, and the internet are a breeding ground for estate planning myths. These myths can lead to a failure to plan or a plan that fails. To set the record straight, we are dispelling 7 estate planning myths in this three part article. 5. I don’t need a trust because I have a will. Myth!!! Most people would benefit from having a revocable living trust in addition to a pour-over-will. While your will is necessary, it is only effective after you’re dead. … [Read more...]
13 Disturbing Estate Planning Problems
Each of these 13 disturbing estate planning facts is true; but, each situation can be avoided with a strong, individualized, comprehensive, and up-to-date estate plan. If you don’t name a guardian in your will, your minor children could end up with persons you either don't like or don't know. If you don’t provide for your pet in your estate plan, your pet may be euthanized when you die. If you put assets in joint tenancy with a second spouse, your children may be disinherited. If … [Read more...]
Is It Hard to Contest a Will?
The loss of a loved one triggers a number of practical and legal steps that must be taken, starting with locating the decedent’s Last Will and Testament. If you are an heir or beneficiary of that Will, you should be notified when the Will is submitted for probate. What happens if you have doubts about the validity of the Will? Is it difficult to contest a Will in California? Because every potential Will contest involves a unique set of facts and circumstances, you should consult with an … [Read more...]
Who Can Contest a Will in California?
If you recently lost someone close to you, you are undoubtedly going through the period of grief and heightened emotions that typically follows the death of a loved one. At some point, the decedent’s estate will begin the probate process which includes authenticating the decedent’s Last Will and Testament if one is submitted to the probate court. What happens though if you have concerns about the validity of that Will? Can you contest the Will? We will provide some general guidance relating to … [Read more...]
Why You Should Avoid Probate
Many people want to avoid probate, because they hear so many negative things about the process. It’s important to understand what’s involved in probate, so that you can better plan and decide whether you care if probate is avoided, or not. Take a look at the following information, to learn more. If you have any questions, or if you’d like to discuss probate avoidance techniques, contact an experienced and qualified estate planning attorney. Settling an Estate Probate is a lengthy … [Read more...]
What Is the Difference between a Will and a Living Will?
When it comes to creating a comprehensive estate plan, the average person can become confused rather quickly given the vast number of unfamiliar documents and concepts that typically go into an estate plan. Even something as seemingly simple as a Will can be more complicated than it appears when you realize there are several types of Wills. What is the difference between a Will and a Living Will? Do you need both in your estate plan? Understanding the difference between a Will and a Living Will … [Read more...]
Concerns about Beneficiaries Can be Addressed in Estate Plans
As life unfolds, our loved ones change and have evolving needs; and, new loved ones are born or join our family through marriage and adoption. When creating your estate plan, consider your beneficiaries’ potential needs. Special Needs and Governmental Assistance At some point, one or more of your beneficiaries may be receiving governmental assistance because of a special need. It may be Grandma Allison in a nursing home or Grandson Jeremy with autism. You don’t need to disinherit family … [Read more...]
Can I Contest a Will in California?
The emotional aftermath that follows the death of a family member is rarely easy to handle. Survivors often experience a number of heightened emotions, including grief, despair, and even anger. It can also be a confusing time for those left behind as they try and focus on the practical and legal ramifications of their loved one’s passing. What happens though, when questions arise about your loved one’s last days, weeks, or months? Specifically, what should you do if you question the validity of … [Read more...]
Do It Yourself Wills and Trusts are not a Quick Fix
Here's a good rule of thumb: do-it-yourself (DIY) is for remodeling and arts and crafts. Sure, there are great DIY magazines out there and DIY products online for you to try. But when it comes to drafting your will or trust, or any other estate planning tool, DIY is not the way to go. DIY wills and trusts can ultimately cause you more problems than you could imagine. Despite the low cost and simplicity of DIY wills, trusts and other online legal forms, there is still a great risk that your … [Read more...]
7 Basic Steps of the Probate Process
When a loved one dies, the money and property included in their estate need to be distributed to their heirs. In many cases, the estate must go through the probate process in order for the assets to be properly distributed. The basic probate process requires completion of several steps in order to close probate and make those distributions. This article will explain the 7 basic steps required in the California probate process. Before the probate process can formally begin, you need a personal … [Read more...]
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