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...
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Estate Litigation
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...
When an executor violates someone’s right of first refusal
It is difficult for older adults to properly address real estate in their estate plans. Although the homes where they live may be among their most valuable property, the sentimental value of the home may lead to someone’s desire for loved ones to live there rather...
Can estate beneficiaries prevent a lowball real estate sale?
An inheritance isn't official until someone actually receives assets from the estate of a loved one. Technically, beneficiaries of an estate won't receive anything until the executor settles accounts and files appropriate paperwork with the probate court. Such claims...
2 times beneficiaries may seek to remove the executor of an estate
The executor of an estate distributes property to beneficiaries, communicates with the probate courts and settles someone's affairs. It is a solemn and often largely thankless job that people perform out of respect for the deceased individual or concern for the...
How do you bring a creditor’s claim against an estate in probate?
It would be nice if everyone’s debts were fully settled when they died, but that rarely happens – and it’s not always easy to understand what steps you need to take to collect from an estate. In California, there are some strict deadlines that you need to follow and...
Does a no-contest clause actually prevent a dispute?
If an estate plan has a no-contest clause, it can make it more difficult for disputes to begin. After all, the goal of that clause is simply to keep people from wanting to contest the terms of the estate plan. It’s important to note that this doesn’t mean that it’s...