When someone designates you as the executor of his or her will, you become the personal representative, i.e., estate administrator, of his or her probate estate when he or she dies. As such, you will need to perform various duties in order to open, manage and...
San Jose Estate Law Blog
3 things you should not include in your will
A will is an important document that outlines how you want to distribute property upon your death. For most people, the will is the foundation of their estate plan. According to the American Bar Association, the laws of distribution and descent determine who...
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...
What are the different types of advance directives?
While tending to estate planning matters, you learn about advance directives. Did you know that different advance directives exist? The American Cancer Society breaks down different advance directives. Get insight into covering all bases in your estate. Living will...
When should you update your estate plan?
Having an estate plan in California is great, but neglecting to update it throughout your life can have detrimental consequences. Because elements of your plan address the use and fate of your assets, periodically verifying the function of your plan can guarantee the...
Should you DIY your will? Top concerns of choosing to do so
These days, thanks to the availability of information on an expansive number of topics, do-it-yourself providers have emerged in a number of fields, including estate planning. While the purported low cost and ease with which you can acquire estate planning documents...
Avoiding an heir’s attempt to challenge a will
An heir who might feel left out or cheated of an anticipated inheritance may attempt to contest a will during probate. If the individual challenging the will believes the testator made an error or coercion took place, it may result in a claim against the deceased's...
How a special needs trust protects your child with a disability
When your child has special needs, you may need to take steps during estate planning to help ensure your child has everything he or she needs to get by in your absence. Many individuals living with disabilities use certain forms of government help, such as Medicaid or...
What makes a do not resuscitate form important?
Composing an advance directive like a living will establishes how you want your doctors to treat you in certain circumstances. If you are in weak health or have a terminal disease, you might not want doctors or paramedics to resuscitate you if your lungs or heart stop...
Understanding the two main types of living trust
The majority of Americans are familiar with the concept of a will. However, many estate plans benefit from living trusts, as well. Understanding the potential role a living trust can play in your estate planning process can help you make the best decisions for your...