The entire term "last will and testament" is generally just referred to as a standard will these days, but traditionally the will was used to elucidate the desired distribution of real property while the testament was used to distribute personal property. The will now serves both functions and it is the most commonly used vehicle of asset transfer and for the most part it needs no explanation. Because the standard will involves the distribution of assets it is natural for the uninitiated to … [Read more...] about The Difference Between Wills & Living Wills
Wills
Intestate Succession Explained
One of the most important concepts that the average layperson should understand in the area of Wills is intestate succession. Understanding intestate succession can help you understand why creating, and executing, a Last Will and Testament is so important. Although each of the states determines their own laws and procedures with regard to Wills, the concept of intestate succession is a fairly universal concept among the states, including California. Intestate succession laws become important … [Read more...] about Intestate Succession Explained
How Difficult Is It to Contest a Will?
If you are an heir or beneficiary of a 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 experienced California trust and estate litigiation attorney before deciding how to handle your concerns. Lets take a look at what's involved in contesting a Will in … [Read more...] about How Difficult Is It to Contest a Will?
The Top Three Other Documents Your Estate Plan Should Include
When you decide to proceed with the creation of an estate plan, an experienced and qualified estate planning attorney will inevitably discuss including other documents in your estate plan in addition to your Will or Trust. Your estate plan should, at a minimum, include three other documents. These are: Advance Health Care Directive: This important document allows you to appoint a health care agent and to make specific decisions regarding future medical treatments you want to receive if you … [Read more...] about The Top Three Other Documents Your Estate Plan Should Include
5 Types of Assets A Will Does Not Cover
Many people mistakenly believe that a simple Will is all the estate planning they need. However, it is very likely you may need more than a Will to cover your all assets. A Will does not cover all types of property. This is a list of five items your will cannot cover or address. Survivorship property: If you own property in joint tenancy with a right of survivorship with a co-tenant, your Will does not determine ownership and succession rights. Instead, the surviving joint tenant … [Read more...] about 5 Types of Assets A Will Does Not Cover
Our Available Services During COVID-19/Coronavirus Pandemic
The health and safety of our clients, staff, and friends of the law firm are top of mind amid concerns about the spread of the Coronavirus (COVID-19). As estate planning and elder law attorneys, our practice is dedicated to serving our most vulnerable citizens, including seniors, those who are ill, disabled, experiencing mental health challenges and children with special needs. The uncertainty around the pandemic has many people with immune system challenges concerned about exposure to the … [Read more...] about Our Available Services During COVID-19/Coronavirus Pandemic
MYTH: Most People Have a Will and that’s All They Need
Both parts of the title to this article are a myth. First, most people don’t have a will. In fact, it’s estimated that only about half of all Americans have a will; even though, all need one. Second, a will is not all that anyone needs. A will only handles a few matters and is only effective when you’re dead. There’s much more to estate planning than that. For example, a will almost guarantees probate, except for modest estates. Probate is expensive, especially in California. Probate … [Read more...] about MYTH: Most People Have a Will and that’s All They Need
Common Mistakes to Avoid When Creating Your Will
For some people, a Last Will and Testament serves as the foundation upon which their estate plan is built. Giving the importance of a Will, it should be error-free, particularly because any errors or problems with the Will are not likely to be uncovered until after the creator is gone, meaning it will be too late for you to fix errors or explain ambiguities. With that in mind, let's look at some of the most common mistakes people make when creating a Will so that you can try and avoid making … [Read more...] about Common Mistakes to Avoid When Creating Your Will
Can a Spouse Contest a Will?
When a spouse passes away there are also several practical and legal matters that must be addressed shortly thereafter. One of those legalities involves locating and reading the decedent’s Last Will and Testament. If you have concerns about the Will after you read it, can you do anything about it? Let's explore if and when a spouse can contest a Will in California. Probate Basics A decedent’s estate is required to go through the legal process known as probate. If a Will is located, the … [Read more...] about Can a Spouse Contest a Will?
Is a DIY Will Valid?
If you have yet to create your estate plan, you may be tempted to try taking a shortcut by turning to easily located online legal forms such as DIY Wills, trusts, or other estate planning documents. After all, using a DIY Will should save you both time and money and finally get your estate plan started, right? It may seem that way to you; however, in the end, your loved ones may pay the price for your shortcut because of the hidden dangers in DIY Wills. Let's explore why a DIY may be declared … [Read more...] about Is a DIY Will Valid?
