Dividing a loved one's estate is often complex and emotional. Feeling confused, upset or betrayed is natural if you have been left out of a will or trust. The good news is that there are legal avenues you can explore to address the situation. You have the legal means...
Estate Litigation
How does undue influence affect the validity of a will?
Imagine learning that your loved one's will has changed dramatically in their final days. You're shocked to discover that a caregiver or distant relative now stands to inherit most of the estate. This unsettling scenario often signals undue influence. Unfortunately,...
Can an executor be held liable for mismanaging estate funds?
An executor plays an essential role in administering an estate after someone passes away. However, the position comes with significant responsibilities. In California, an executor can be held liable if they fail to manage estate funds properly, causing financial harm...
When can family members challenge non-traditional estate plans?
Non-traditional estate planning methods, like using digital wills or naming non-family beneficiaries, have become more common. However, these methods can sometimes lead to disputes. Family members may challenge these plans under certain circumstances. Lack of...
What challenges do foreign assets create in estate litigation?
Foreign-held assets can make estate litigation more difficult. When an estate includes property or money in other countries, legal issues become more complicated due to different laws and taxes. Executors may need to navigate unfamiliar legal and financial systems,...
Can one challenge disinheritance in California estate litigation?
Disinheritance means leaving someone out of a will or trust on purpose. If you think you were unfairly left out, you can challenge this decision in court. Lack of testamentary capacity One reason to challenge disinheritance is if the person who made the will or trust...
How to reduce conflicts between your loved ones during probate
Probate can be a difficult time for your family after you pass away. With emotions running high, there is potential for disagreements throughout this process of distributing your assets according to your will. It’s important to understand what steps you can take...
Understanding executor fraud
When someone passes away, their will specifies how to distribute their assets. In California, the person in charge of this is called the executor. Although most executors follow the deceased's wishes ethically, some commit fraud, causing significant issues and...
3 outside factors leading to estate litigation
In the realm of estate matters, conflicts often arise from external elements beyond familial ties. While families navigate the complexities of inheritance, various factors can sow the seeds of discord and result in legal disputes. 1. Inadequate estate planning...
When can someone contest a will during probate?
When a loved one passes away, dealing with the legalities of their estate can be a challenging process. One disruptive aspect that may arise is the contesting of a will during probate. Probate is the legal procedure that oversees the distribution of a deceased...