A will can be an integral part of your estate plan. It typically dictates how assets are to be divided, which sometimes includes pouring assets over into a trust. Poorly drafted wills can present a number of legal problems, including the risk that the document will be...
Wills
Estate planning and the pour-over will
Oftentimes, a will serves as the foundation of an estate plan. When a will is improperly drafted, an individual's estate may be in jeopardy. This is because a poorly created will can lead to ambiguity, challenges, a lengthy probate process and even an undesired...
The importance of estate planning for intellectual property
Most people who think of estate planning only consider the transfer of tangible property upon death. Others may think about how debts play into the distribution of an estate, too. Yet, there are a whole host of other types of property that can carry tremendous value....
Aretha Franklin’s handwritten wills cause problems
Famed singer Aretha Franklin is well-known for her vocal work while with Motown Records. Her music has inspired a generation, and it continues to be heard across the world. While her talents continue to be celebrated long after her death, Franklin is also well-known...
Claims against mental capacity can threaten a will’s validity
A solid estate plan is one that is thorough and updated over time. Yet, with each legal document executed and modification made comes scrutiny. This can be especially true when changes to an estate plan are substantially different from what the plan previously...
What does it take to properly sign a will
By utilizing a basic will, Californians can spell out how they wish for their assets to be distributed upon their death. Although many people think of this legal document as easily executable, it can raise some serious legal issues if improperly handled. This is why...
Incompetence can lead to the invalidation of a will or trust
The creation of a will or trust should leave an individual feeling comfortable with how his or her estate will be distributed upon death. Sometimes, however, squabbles arise over the validity of these estate planning documents when individuals challenge the creator's...
What are the duties of the executor of a will?
Our readers who are familiar with the estate planning process know that there are many decisions that must be made. An individual must determine to whom assets will be left and what restrictions, if any, will be placed on the distribution of those assets. Even...
Will contests and no-contest clauses
Devising a will can either be relatively simple or it can be extraordinarily difficult depending on the circumstances at hand. This can include the number of assets and debts involved, the number of identified heirs and the complexities involved in the way that an...
Abatement, ademption and other estate planning lingo
Like a lot of areas of the law, estate planning to some extent has developed its own lingo to describe various rules and concepts quickly and efficiently. It is important for those who are in the midst of estate planning to understand what some of these terms mean and...