If you have children under the age of 18 and you have not named a guardian for them in the event both you and your partner die, it is time to update your estate plan. A guardian is the person who will have custody and manage each child's property. Choosing this person...
Month: July 2022
How to prevent financial abuse of a loved one
Abuse occurs in all types of relationships, and the elderly are common victims. The abuser can be a family member, caregiver or stranger. The National Institute of Health, National Institute of Aging reports that older individuals experience physical, emotional and...
Proving undue influence when challenging a will
When a loved one dies in California and makes you a beneficiary in his or her will, you may feel frustrated or disappointed if you do not inherit what you expect. However, if you did not inherit what you anticipated because someone subjected your loved one to...
Tips for will asset division to children
The details of a will often involve the dividing up of the property to two or more children. In many cases, the writer of the will decides to equally divide these assets, but this might not always provide the best results. A variety of circumstances could change this...
What are the elements of undue influence?
Undue influence refers to the act of using extreme persuasion to cause another person to avoid using his or her best judgment or free will to cause an inequitable result. Though undue influence applies in all aspects of contract law, the first time you may hear the...
Some details about contesting a will
A properly executed will remains the foundation of estate planning. Even with professionally prepared will and trust documents, disputes can arise and result in estate litigation. In California, interested parties have a deadline of 120 days to file a will...
Examples of a breach of fiduciary duty
When a person chooses someone to be the executor of an estate, this person is placing a lot of confidence and trust in the executor. An executor's job is to manage the estate and distribute assets of the decedent. An executor has a fiduciary duty, which the Cornell...
Plan ahead for medical care with a living will
If you are young and healthy, or even at an advanced age and healthy, you may not be spending too much time thinking about medical care in the future. However, unexpected things happen, and it is always good to prepare for them. If it is important to be in charge of...
How often should you update your estate plan?
Most people assume that once they create their estate plan, they can set it and forget it. Not only is this not the case but also, “forgetting about” your estate plan can have adverse and costly consequences. New laws, life events, the accumulation or loss of wealth...
What documents should you have as a part of your estate plan?
While having an estate plan is the first step in the right direction when planning how you want to distribute your assets after you die, you cannot leave the estate plan once you finish it. According to the U.S. News, you must review your estate plans regularly. Once...