When crafting your estate plan in California, it is important to avoid favoritism. Biased asset division can wreak havoc on an already-struggling family after your death. Here are some guidelines to help ensure family peace after your passing. How to avoid favoritism...
San Jose Estate Law Blog
What can you do in the case of a no-contest will?
When writing a will, many people want to prevent their children, beneficiaries and other loved ones from fighting over an inheritance. A parent or grandparent's desire to stop in-fighting may result in him or her writing in a no-contest clause. What happens if you...
The importance of an advance healthcare directive
An advance healthcare directive is a legal document that outlines your wishes related to healthcare. Although having one is not a requirement, there are numerous benefits to having one on file. There are four parts to an advance directive, and you can complete all or...
Does serving as someone’s executor put you at risk of a lawsuit?
You may have mixed feelings when someone you are close with names you the executor over his or her California estate. On the one hand, the appointment means this person has a good deal of trust in you. On the other hand, it also means you need to take responsibility...
What should I know about when a power of attorney goes into effect?
A power of attorney gives another person the ability to make decisions on your behalf. It is usually used as part of an estate plan to prepare for a situation in which you cannot make decisions yourself due to medical incapacity. The Superior Court of California...
What duties do executors manage?
The executor of an estate manages quite a few tasks and acts as a central figure to the entire plan. Thus, it is crucial for a person to think carefully before naming anyone executor. One of the things to consider is the actual tasks that your executor will need to...
Are handwritten wills valid in California?
A will is an essential estate planning document that ensures that a person’s property passes on to heirs and beneficiaries as he or she intended. Typically a will is a typewritten document that at least two people must witness and sign. However, in some cases, an...
Taking a look at first-party special needs trusts
If you are thinking about creating an estate plan to help a disabled family member, or you have a disability and want to set up an estate plan for yourself, it is vital to understand various estate planning options and find the most advantageous strategy. Special...
How to handle estate disputes
The passing of a loved one is usually a sad time. However, it can also present challenging circumstances that cause arguments and disputes among family members. Whether or not there is a will, It is not unusual for there to be some sort of dispute regarding the...
Reviewing some of the benefits of spendthrift trusts
If you want to set up an estate plan, it is important to review the different options you have. You could decide that a will suits your needs most effectively, or you could decide to set up a trust. There are many different types of trusts, and it is essential to...