Category Archives: Wills

Who Can Contest a Will?

After a loved one dies, the essential grieving process can be soured by the late relative’s estate and how it will be divided among family. Cousin Albert can’t contest your late father’s will as easily as you might think, however. Depending on how the will was drafted and who was named in the will, only certain people will be allowed to contest wills. If you’re not sure whether you can contest a will, check out the list below and see which descriptions best fit your personal circumstances. Beneficiaries Beneficiaries are those who are named in the will and can include:…

Do Healthy People Need Living Wills?

A living will is not just for people who are in poor health. Healthy people also need living wills. The Washington Post recently featured an article on why it is crucial that both people in poor health and healthy people alike need to have a living will. If I’m Healthy, Why Do I Need a Living Will? A living will enables you to lay out what type of medical treatment you want to receive in case something happens to you and you are unable to make decisions for yourself at that time. For instance, if you want a ventilator or…

Planning Your Estate: What is an executor?

You may be planning your estate or you may have been a named executor of someone’s estate. Either way, you likely have questions about what an executor is and what their responsibilities are. The following is intended to be a brief overview of what an executor is and what an executor’s responsibilities are. If you are planning your estate or are a named executor of an estate, contact an estate planning attorney or probate attorney for advice concerning your particular circumstances. An executor is a person nominated in a will to service as the personal representative of a decedent’s estate….

What are Your Rights When Contesting a Will in California?

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. While you should have a lawyer handle the contest for you, a basic understanding of the process is helpful. You can contest a will for many reasons, such as when you believe your loved one signed the will under duress or undue influence. Or perhaps you believe misrepresentation or fraud occurred or that the will had been revoked….

Satisfying Expectations By Drafting A Valid Will In California

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 issues related to will contentions. Possessing testamentary capacity at the time of execution Under California Probate Code §6100, an individual must be at least 18 years-old and of sound mind to form a will. Additionally, the Probate Code §§6110-6113 requires a will be signed by the person creating the will, known as…