Most Americans would like their heirs to experience asset division without an undue amount of stress. However, it is not always possible to partition an estate evenly, and there is also the reality of different adult heirs having different levels of aptitude and...
Year: 2022
When does someone lack the capacity to create a valid estate plan?
An estate plan is only legally valid and enforceable if the creator has the testamentary capacity to do so. In the state of California, there are standards that define that capacity. If you question the capacity of a loved one or the validity of their estate plan,...
3 tips for creating advance directives
When people become ill and discover the diseases they developed have no cure, the discussion of advance directives may arise as families gather to help decide which end-of-life care a loved one desires. These conversations are often difficult; however, discussing a...
How may I choose a personal representative?
California's probate laws require naming an individual in your will to serve as your personal representative or estate's executor. If you do not name anyone or the person you name is unavailable, the probate court may appoint someone to settle your affairs. As noted...
How to keep your kids from fighting over your estate
Family dynamics are often complex, but your children may need one another more than ever once you are no longer around to support them. Sometimes, conflicts over inheritances cause fractured relationships between siblings, but there are certain steps you might take...
What are the duties of an agent under a power of attorney?
A power of attorney is a good tool to have in your estate plan. It can be beneficial if you cannot act on your own behalf because it allows someone you appoint to do so. The person you appoint is the agent. This person has a lot of power, but it is not unlimited....
What are revocable and irrevocable trusts?
Many people know the power of wills and why it is important to have one in place before you die. However, a will is not the only way to manage your money after your death. More and more Americans are taking advantage of revocable and irrevocable trusts. Depending on...
How to avoid favoritism in your estate plan
When crafting your estate plan in California, it is important to avoid favoritism. Biased asset division can wreak havoc on an already-struggling family after your death. Here are some guidelines to help ensure family peace after your passing. How to avoid favoritism...
What can you do in the case of a no-contest will?
When writing a will, many people want to prevent their children, beneficiaries and other loved ones from fighting over an inheritance. A parent or grandparent's desire to stop in-fighting may result in him or her writing in a no-contest clause. What happens if you...
The importance of an advance healthcare directive
An advance healthcare directive is a legal document that outlines your wishes related to healthcare. Although having one is not a requirement, there are numerous benefits to having one on file. There are four parts to an advance directive, and you can complete all or...