If you currently find yourself in the middle of a probate case, or you worry that disagreements over a loved one's estate plan will ultimately lead to court, it is essential to go over a number of issues. Aside from reviewing the unique details surrounding the case...
San Jose Estate Law Blog
A look at do not resuscitate orders
When it comes to estate planning, a number of critical forms make sure professionals carry out your wishes at different stages. These forms include beneficiary designations, wills, trusts, advanced directives and others. A do not resuscitate order lets medical...
How do you preserve your family’s money?
After working hard for your money, you want to make sure that it stays within your family for your loved ones after you pass. When you create an estate plan, you have to make sure your money goes to the people that you want it to go to. According to the U.S. News,...
When probate is not necessary
Probate is the process of determining the validity of the will and distributing assets after the decedent's death. Even with fairly simple estates, the probate process can take months, while more complex estates can take longer than a year. There are certain...
What duties does an executor manage?
When dealing with an estate plan, one of the most important figures to assign is the executor. They will handle almost every major point of the plan and post-mortem affairs. But what exact duties do executors deal with? And what sort of person serves as the best fit...
Fees paid to the personal representative
The executor or personal representative is the person responsible for managing the estate of a decedent. Even with simple estates, this individual has many duties. In exchange for the person's time and effort, the executor does receive a fee for conducting all the...
When to have a prenuptial agreement
A prenuptial agreement may not be a topic that newly engaged couples want to discuss, but it is important. Many people think that prenups are only necessary if someone has a lot of money or is a business owner, but that is not necessarily the case: Prenup agreements...
How to choose a guardian for your minor children
If you have children under the age of 18 and you have not named a guardian for them in the event both you and your partner die, it is time to update your estate plan. A guardian is the person who will have custody and manage each child's property. Choosing this person...
How to prevent financial abuse of a loved one
Abuse occurs in all types of relationships, and the elderly are common victims. The abuser can be a family member, caregiver or stranger. The National Institute of Health, National Institute of Aging reports that older individuals experience physical, emotional and...
Proving undue influence when challenging a will
When a loved one dies in California and makes you a beneficiary in his or her will, you may feel frustrated or disappointed if you do not inherit what you expect. However, if you did not inherit what you anticipated because someone subjected your loved one to...