Contesting a will often feels confusing and intimidating. Many myths surround the process, which complicates understanding what really happens when you decide to challenge a will. It’s important to clear up some common misconceptions you might have heard. Myth 1: You...
Estate Litigation
Can you sue over unequal inheritance?
After a loved one passes, you might expect their estate to be divided fairly. However, when one beneficiary receives a significantly larger portion than others, it can raise serious concerns. In such situations, it's natural to question whether you have the right to...
How to challenge a no-contest clause in a will
A no-contest clause in a will complicates efforts to contest the will, as it risks forfeiting any inheritance. Nonetheless, you can challenge such a clause under certain circumstances. Understanding how the clause works and when it is possible to contest it plays a...
What to do when you are left out of a will or trust
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...
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...