Wills Archives

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 constituted.

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 it is usually best to have the assistance of a skilled estate planning attorney before creating and finalizing one of these wills.

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 competence at the time of the creation of those documents. This can lead to a multitude of issues, including the invalidation of a will or trust which, in turn, can lead to distribution of an estate that is counter to a person's intentions.

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 long-term care and powers of attorney may be important considerations during the estate planning process. Another important consideration, especially when creating a will, is who will serve as the will's executor.

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 individual intends to leave his or her estate via a will. Regardless of how in-depth a will needs to be though, an individual needs to ensure that it is crafted with clarity and thoroughness. Failing to do so could lead to a contested will.

When should I consider changing my will?

Life is full of changes. Some of them are planned for, but others are unexpected, as is often the case with the birth of a child. Other matters can also seemingly come out of the blue, such as spur-of-the-moment marriage or divorce. While these changes can certainly have a meaningful effect on one's day-to-day life, they can also have long-term consequences. This is especially true when it comes to estate planning. In this context, these changes can affect how assets will be distributed and to whom.

Using a will to name a guardian for a minor child

Most Californians think of estate planning as something that is done as they grow older and prepare for the distribution of assets upon their own death. While this is true in many instances, estate planning should actually occur at a much younger age and be modified over time as assets are obtained and relationships change. This is especially true for those with children.

Medicaid and the special needs trust

When deciding how you want to distribute your assets upon your passing, you can make the process as simple or as complex as you wish. The key is to utilizing whatever tools and processes make your vision of the future come true. For many Californians, this means creating a simple will to leave assets to those identified loved ones.

We help Californians with wills, estate plans and modifications

Last week on the blog we discussed the tragic passing of Anthony Bourdain and some of the more particular issues he addressed through his will. It highlights an important concept: estate plans can be custom-tailored to meet an individual's desires. This means that if an individual wants to leave assets to particular people or in a particular way, he or she can do so in a way that is legally enforceable. Also, by being clear and thorough in one's estate plan, he or she can avoid confusion and the costly process of probate and probate litigation.

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If you would like to discuss representation or have another question about my firm, please call 916-248-4465 or email my Sacramento, California, office to arrange for a consultation.

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