An estate plan is a written instrument used by individuals in California and elsewhere to pass their assets and property to their heirs and beneficiaries. In order for these assets to be transferred after the person's death, the probate process will need to be...
Estate Administration And Probate
Competing wills submitted to court after millionaire’s death
Unfortunately, when a resident of Northern California dies, it is sometimes unclear whether they left a will, or which of several purported wills is valid. The result can be a court battle similar to one now taking place in New York over the estate of a man who died...
Why is avoiding probate important in California?
When the subject of estate planning comes up in conversation in California, someone often mentions the goal of avoiding probate. But what exactly is probate, and why is it something to be avoided?Probate is basically the court-supervised process of gathering a...
How does California law protect the omitted spouse?
In an earlier post in this blog we talked about the importance of updating a California estate plan in the event of a remarriage. If one fails to do this, one of the results may be the application of California's omitted spouse statute.An "omitted spouse" in...
California’s intestate succession laws
Most people in California have good intentions when it comes to estate planning. They know they have to get around to it someday. Unfortunately, for too many people that "someday" never comes, and they die without leaving a trust or will that directs how they want...
Challenging a California will or trust based on undue influence
Under California law, undue influence can be grounds to challenge the validity of a will or trust. A 2014 case from the California Court of Appeals illustrates the courts' power to void estate planning documents procured by undue influence. The case involved the third...
Who decides the value of property in a trust or estate?
People in California who own substantial property and assets might have some questions about what their real and tangible property is worth. In a volatile real estate market, significant fluctuations in property value can be common, so an updated appraisal of the...
What is probate and how does it work in California?
People in California may have questions about how the legal process of transferring assets and property after a person's death occurs. This legal process in general is referred to as probate, although the process can vary greatly, depending on the circumstances. In...
Casey Kasem’s situation shows importance of powers of attorney
People in California probably know Casey Kasem as the voice of Top 40 radio and one of the most memorable personalities on the airwaves. Kasem died on June 15 at the age of 82, and according to reports, was the subject of a moving tribute marked by heartfelt speeches...
How to avoid common estate planning mistakes
People in California know that estate planning isn't something that happens overnight, and as life itself changes, the estate plan goes right along with it. An estate plan requires careful thought and reflection on a person's goals, aspirations, belief in the future,...