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...
San Jose Estate Law Blog
How can I avoid common will mistakes?
You probably already know that a last will and testament should play a significant role in your estate plan. Equally important is avoiding common mistakes when creating this essential document. According to AARP, it is easy to overlook certain things during will...
When should you change or review your advance directive?
As part of estate planning, you created an advance medical directive so your loved ones know your desires regarding health care if you cannot make or voice your desires. Do you expect to change this legal document? Mayo Clinic describes circumstances that may...
What documents should you include in your estate plan?
Creating an estate plan is one of the most important things you will ever do, as well as one of the most personal. Your estate plan should reflect your values, wishes and needs. Therefore, there is no one estate plan that is ideal for everyone. Each should be unique...
How a trust can improve a life insurance policy
Many parents who do not have wealth or assets to spare purchase life insurance policies to prepare for the worst-case scenario where they do not live to raise their children. This proactive step along with a will is a good start, but it does have its downsides due to...
Common reasons for will contests
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...
Holding the personal representative liable for breach of duty
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...
Who are the key figures in your plan?
When creating your estate plan, you will likely have several notable figures within it. It is important to understand who these are and what role they play in your overall estate plan. For example, some figures will have an active role. Others play a passive role. But...
How should you prioritize your estate plan review?
Crafting your estate plan can take years at a time. Reviewing it is not always an easy task, either. This puts some people off, despite the importance of somewhat regular reviews. Fortunately, there are ways you can organize your estate plan review to make it easier...
What should you include in an advance directive?
An advance directive provides reassurance that you will receive the kind of health care treatment you want even if you become incapacitated. Having a plan in place can also provide your loved ones with direction to know how to respond to your medical needs during a...