An estate plan is only legally valid and enforceable if the creator has the testamentary capacity to do so. In the state of California, there are standards that define that capacity. If you question the capacity of a loved one or the validity of their estate plan,...
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Reviewing common probate terms
If you currently find yourself in the middle of a probate case, or you worry that disagreements over a loved one's estate plan will ultimately lead to court, it is essential to go over a number of issues. Aside from reviewing the unique details surrounding the case...
How to prevent financial abuse of a loved one
Abuse occurs in all types of relationships, and the elderly are common victims. The abuser can be a family member, caregiver or stranger. The National Institute of Health, National Institute of Aging reports that older individuals experience physical, emotional and...
What is the importance of an agent for a power of attorney?
A power of attorney gives another person the right to make decisions for you. The person with this power is an agent. The agent is an incredibly important person because he or she has a lot of influence and ability in your life. You need to take the task of choosing...
What decisions can an advance directive cover?
When creating your estate plan, it is important to include documents that not only cover what happens after your death but also your end-of-life plans. You may end up in a situation where you need care but cannot make decisions for yourself. Luckily, there are legal...
How do you empower your power of attorney document?
Even if you already have a power of attorney for your estate, time and changing laws may render the document powerless. How do you keep this from happening? Forbes shares tips for making sure your power of attorney remains effective over the years. Use these insights...
Is a handwritten will legal?
A last will and testament can be composed in different forms. It may be created as a printed form. Some wills, if spoken orally, can be recognized by a California court as legal. There are also wills that are completely handwritten by the testor. These handwritten...
Does your estate plan address digital assets?
When you think of estate planning, you might think of writing a will to determine who gets someone’s house or vacation property. However, it is important to remember the intangible aspects of your life that may be overlooked in your estate plan.What to do with...
Revocable and irrevocable trusts: What’s the difference?
Most high-asset couples already have a will in place, and several in California also have living trusts completed so that they can avoid the probate process, transferring assets sooner with smaller legal fees. If you haven’t set up a living trust, or know...
Challenging a will because of mental incapacity
As our parents and beloved family members age, it’s difficult to see their mental capacity decline. This can be problematic if the will was created or altered when the estate holder or testator was of diminished capacity. It can call the will into question, and...