When working on estate planning, there are many things to consider. Most people focus on asset protection and distribution, but it is also important to think about what happens if someone is unable to make medical and healthcare decisions. A living will is a legal...
Wills
Determining no-contest clause enforceability
You are no doubt honored to have any interest in the estate of a family member or friend in San Jose. At the same time, however, you may feel troubled by the terms stipulating what that interest actually is. Many in this same position have come to see us here...
Modifying and invalidating a will
While studies have shown that less than half of American adults (in general) do not have a will, that does not mean that statistic holds true across all demographics. Indeed, older Americans seem to be more apt to take the advice of estate planning experts to heart....
Is a nuncupative will legal?
Nuncupative wills are those that are spoken orally to another party. This typically occurs when a person is on their death bed and must provide instructions for the transfer of personal property to beneficiaries. In many cases, oral wills are not legally...
Defining the parent-child relationship
The inheritance rights of one's natural heirs through California's intestate succession guidelines have been detailed on this blog in the past. A decedent's children are entitled to a portion of their intestate estate if the children survive them. That is, of course,...
Making changes to your will after a divorce
We recently wrote about some of the ways in which closing or launching a business can affect one's estate plan, but there are many other reasons why it may be necessary to go over your estate plan. For example, if you are in the middle of a divorce or you recently...
What if one dies without a will?
Experts counsel people both in San Jose and throughout the rest of the U.S. to see to their estate planning early on in their adult lives. Yet even so, many American adults do not have a will. What happens, then, if you have a family member dies without ever preparing...