As people age, they often become more comfortable talking about death. Older adults may occasionally talk to their loved ones about their eventual passing. They may tell their children what they intend to do with their largest assets or the resources that carry the...
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Estate Litigation
Is an outdated will grounds for probate litigation?
People file lawsuits for a number of different reasons. Legal matters handled in probate court often relate to the estate of a person who died or trust administration. Frequently, the probate courts primarily offer support and oversight. However, they also sometimes...
How can family members prove a lack of testamentary capacity?
It’s not uncommon for disputes to arise over a last will and testament among the family members of a deceased. This is particularly expected if family members suspect the deceased lacked the mental capacity to make informed decisions regarding their estate. Proving a...
3 times beneficiaries can remove the representative of an estate
Many adults spend time deciding who should oversee their estate when they die. They may select someone based on their personality and their personal history. Of course, people might die without naming they might die without a will at all, or they might name someone...
Who can exert undue influence and alter an estate plan?
Usually, estate planning documents and state law determine what happens with someone's property after they die. State law can manage the entire process, or people can take control of their legacies by creating wills. A will can designate specific assets for individual...
When a personal representative doesn’t notify known creditors
Businesses owed money by an individual typically expect to receive full repayment. Sometimes, the collection process can become quite lengthy. Individuals may not currently have the resources or income to pay the debt in full and may only make minimal payments toward...
When can people contest a will based on a lack of capacity?
There are sometimes reasons why beneficiaries or family members may have questions about someone's will. They may believe that fraud has occurred. Other times, they may suspect that a family member or caregiver inappropriately influenced a testator. Occasionally, the...
Who has the testamentary capacity to draft a California will?
A will is perhaps the most useful estate planning document for most circumstances. In the absence of other testamentary paperwork, a will determines who inherits property from someone's estate. It can name a specific party to serve as the personal representative of...
Undue influence can be exercised by family or professionals
Someone who takes the time to put together an estate plan typically has people they want to protect and/or a specific personal legacy in mind. Their documents should be a reflection of their personal preferences, not the wishes of other people in their life....
2 times executors could be liable for an estate’s unpaid debts
An executor, personal representative or administrator of a California estate has numerous obligations that they must fulfill. Not everyone is capable of serving in that role, which is why testators often think carefully about who to name to carry out their last...