Creating a plan for your family's future after your death is the primary goal of your estate plan. However, sometimes issues crop up during probate that may open your estate up for a legal fight. Someone may initiate estate litigation for a variety of issues. Take a...
Estate Litigation
Litigating against a power of attorney
Powers of attorney give people the power to make various types of decisions on another's behalf. However, these documents also come with responsibility. This article will examine two ways one might litigate against those who misuse that responsibility. The first...
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...
Does serving as someone’s executor put you at risk of a lawsuit?
You may have mixed feelings when someone you are close with names you the executor over his or her California estate. On the one hand, the appointment means this person has a good deal of trust in you. On the other hand, it also means you need to take responsibility...
Fees paid to the personal representative
The executor or personal representative is the person responsible for managing the estate of a decedent. Even with simple estates, this individual has many duties. In exchange for the person's time and effort, the executor does receive a fee for conducting all the...
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...
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...
How to challenge a will
A person prepares a will to make it known how he or she wants to distribute assets upon death. In theory, everyone should accept what is in the will, as it is the decedent's wishes; however, there are valid reasons to challenge a will. According to the California...