Most probate proceedings are managed by California's Independent Administration of Estates Act, which enables the executor to administer the will without permission from the court. However, if probate is required, either an executor or a party not named will seek the...
Having acquired a substantial amount of funds from various start-ups, a man who is a passionate advocate of animal rights bought a large tract of land where he cares for abandoned and injured animals. Concerned about what will happen to his favorite dog, the man...
A man was cited as an executor of his aunt's estate. The aunt passed away leaving a distributable estate consisting of $125,000 cash. The man probated the will and was appointed executor. Then, the man borrowed $90,000 in cash from the estate ad and invested the money...
Will and trust contests in California are subject to California statutes and you must know the rules of the law to be successful when contesting or defending against the contest.California Probate Code Sections 8250-8254 lay the ground rules for contesting wills....
As people age, many become concerned about healthcare. If they become subject to a diminished mental or physical capability, how can they afford assisted care? How can they avoid exposing their spouse to financial hardship because of their own debilitation? Medi-Cal...
The contestants of a will have the burden of providing evidence and persuasion to establish lack of testamentary intent or capacity, fraud, duress, undue influence, mistake or revocation. Latent or patent ambiguities are errors the court may remedy, if applicable. A...
The reasons for using a San Jose estate planning attorney are numerous, but the main reason is to avoid problems or legal entanglements of which you are possibly not aware.For example, one estate planning tool may be to create joint ownership of assets, which...
A will may be contested in court for a host of reasons, whether due to a testator's lack of capacity at the time the will was executed, or due to fraud, undue influence or mistake. A California estate planning law firm assists clients in drafting wills and litigating...
