Between the death of the decedent and the closing of the estate, its assets and debts are under the management of the personal representative. This could be an individual, a professional or even a financial institution. If beneficiaries feel that the personal...
Estate Litigation
What is intestate succession in California?
Immediately following the death of a loved one in California, estate concerns may be the last thing on your mind. Rather, you likely remain preoccupied with your feelings regarding your loss. Plus, you should not need to worry about the administration of the estate,...
What can you expect when contesting a will?
Whether you expect a loved one's death or it happens out of the blue, a will can provide some stability in these times of grief. But other times, they can be the source of complications. If you suspect someone is exploiting a last will and testament or believe that...
Why and how do you dispute conservatorship?
California recognizes that all adults are capable of handling their own lives and affairs, but that is not the case for all adults. The elderly and infirm may become incapacitated enough to require a conservator for the management of their livelihood and financial...
What can we do if our family trustee misuses the funds?
There are many possible reasons why your family member created the trust from which you and others benefit. One example is to make sure that the beneficiaries do not have unrestricted access to inheritance, or use the money in a manner that the trustor would not...
Are you aware of common reasons for estate disputes?
While taking care of estate planning duties in California, contention and disputes that occur after the passing may be a concern. Unfortunately, family disagreements can arise over estates of any size. Besides planning to take care of loved ones financially, it is...
What should I expect when contesting a will?
Being removed from a will is not uncommon. However, it can be a devastating experience when a loved one cuts you out of their will, despite the reason. Along with financial considerations, there is also a sense of betrayal and rejection, especially when a parent cuts...
Understanding no-contest clauses
You may often be placed in a precarious position when you are party to the estate of a loved one in San Jose. If, for example, the terms of your family member or friend’s will are not what you anticipated (and you choose to challenge them), many might write off...
Requirements for a valid will
Many California residents have an estate plan to ensure their belongings go to their family, friends and charities after they die. If you have a loved one who changed their will frequently, or shortly before they passed away, it may be unclear if the document reflects...
Detailing your rights to temporary possession
Most in San Jose likely believe that they will have years to plan for their estates. Yet what happens if your spouse dies unexpectedly while still relatively young? Even in the event that you had both planned ahead and created estate planning documents, it is likely...