No one wants their will to lead to an argument among loved ones. However, these arguments are unfortunately common. Are there any ways to help reduce these potential arguments? Fortunately, the answer is yes. Communicate openly Forbes takes a look at arguments that...
San Jose Estate Law Blog
Litigating against a power of attorney
Powers of attorney give people the power to make various types of decisions on another's behalf. However, these documents also come with responsibility. This article will examine two ways one might litigate against those who misuse that responsibility. The first...
Durable and regular powers of attorney
Powers of attorney are important legal instruments that allow others to act on your behalf. In the context of estate planning, you might use them to let other people make important financial decisions for you if you become incapacitated. If this is one of your goals,...
What if I want to divide assets unevenly?
Most Americans would like their heirs to experience asset division without an undue amount of stress. However, it is not always possible to partition an estate evenly, and there is also the reality of different adult heirs having different levels of aptitude and...
When does someone lack the capacity to create a valid estate plan?
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,...
3 tips for creating advance directives
When people become ill and discover the diseases they developed have no cure, the discussion of advance directives may arise as families gather to help decide which end-of-life care a loved one desires. These conversations are often difficult; however, discussing a...
How may I choose a personal representative?
California's probate laws require naming an individual in your will to serve as your personal representative or estate's executor. If you do not name anyone or the person you name is unavailable, the probate court may appoint someone to settle your affairs. As noted...
How to keep your kids from fighting over your estate
Family dynamics are often complex, but your children may need one another more than ever once you are no longer around to support them. Sometimes, conflicts over inheritances cause fractured relationships between siblings, but there are certain steps you might take...
What are the duties of an agent under a power of attorney?
A power of attorney is a good tool to have in your estate plan. It can be beneficial if you cannot act on your own behalf because it allows someone you appoint to do so. The person you appoint is the agent. This person has a lot of power, but it is not unlimited....
What are revocable and irrevocable trusts?
Many people know the power of wills and why it is important to have one in place before you die. However, a will is not the only way to manage your money after your death. More and more Americans are taking advantage of revocable and irrevocable trusts. Depending on...