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...
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...
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...
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...
An executor is responsible for many important duties in managing and distributing an estate. Failure to carry out those duties could potentially result in severe financial harm to an estate’s beneficiaries. In limited circumstances, an interested party can take action...
While many people do not like to think about what could happen should they become unable to make decisions for themselves, having a power of attorney is an essential part of good estate planning. Without proper documentation in place, you could run the risk of losing...
You can never fully prepare for how the people in your life will react to your death. The hope is that everyone will respect your planning and distribute your estate according to your wishes. Even after careful estate planning, it is possible that a will contest may...
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...
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,...
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...
