When creating a will, precision and adherence to legal standards are crucial to its effectiveness. When a will is poorly drafted, it can lead to several issues that might trigger challenges and potentially invalidate the will. Here are several ways poor drafting can...
Probate
What inheritance rights do stepchildren have in California?
When a person dies without a will, intestate succession laws can come into play, allowing the court to appropriately intervene and distribute the deceased's estate. These laws have provisions indicating specific designations concerning legal heirs and beneficiaries,...
Why should you structure your estate assets to avoid probate?
When you think about the future and the legacy you will leave behind, it is essential to understand the processes that will unfold after you pass away. One of these is probate, a term that might sound distant and technical until it becomes a part of your family's...
The importance of establishing a trust in addition to having a will
When planning for the future, many individuals opt for a simple will, believing it to be a comprehensive solution for their estate planning needs. While a will is indeed an essential tool in a person’s estate plan, it is often not sufficient on its own. A trust,...
Can you contest a will even after it’s been admitted to probate?
Contesting or challenging a will is possible. This holds even after a court has accepted (or “admitted”) a will in a process known as probate. It is the legal process of the legal validation of a will, payment of the deceased's debts and taxes and distribution of...
What is the order of payment in a California probate?
When a loved one passes away and their estate goes through probate, the person handling their estate’s administration has to first settle their debts and obligations before distributing the remaining assets to the decedent’s heirs and beneficiaries. But what if there...
When do courts appoint an estate administrator?
Estate administrators are crucial in probate processes since they are responsible for managing a deceased person's estate. This responsibility includes tasks such as inventorying assets, paying outstanding debts and taxes and distributing the remaining assets to the...
How can a living trust protect you and your estate?
A living trust is a legal financial planning tool you can use to merge your property and assets into a single sheltered entity. Although several types of trusts exist, a living trust can allow you to maintain control over your trust assets while you are alive. At the...
Can you transfer estate properties without going to court?
Generally, estates have to go through probate proceedings, exposing involved parties to the usual lengthy and costly court processes. However, transferring estate assets without going through formal probate proceedings is also possible. Navigating simplified...
What happens if the estate administrator cannot fulfill their duties?
When we lose a loved one, we focus our energy on mourning their death. During the grieving process, we usually cannot think straight enough to perform our normal routine, let alone handle complex tasks, such as administering our loved one’s estate. Fortunately,...