Undue influence occurs when someone pressures or manipulates another person into changing a will, trust, or estate plan in a way that does not reflect their true wishes. In California, courts consider whether the person creating the estate plan was vulnerable, dependent on others, or isolated from family and trusted advisors....
Category: Estate Planning
What Are the Duties of a Successor Trustee?
A successor trustee is responsible for managing and distributing trust assets after the original trustee can no longer serve, often due to death or incapacity. In California, this role includes handling finances, paying debts, communicating with beneficiaries, and carrying out the instructions in the trust document. A successor trustee must act in...
Essential Estate Planning Documents in California
Estate planning is a critical step to take in the path to securing your legacy and ensuring the well-being of your loved ones. This is true in any state, California included.
To help ensure that you are maximizing the benefits of estate planning, we are going to...
The Benefits of New Parents Establishing a Trust
Becoming a new parent is undoubtedly one of life’s most transformative experiences. It ushers in a profound sense of joy, love, and fulfillment. It also, however, brings forth an array of new responsibilities, many of which revolve around ensuring your child’s welfare and security. Among these responsibilities, financial planning often takes center...
What if a Personal Representative Fails to Uphold Their Duties?
As a beneficiary or interested party to an estate, the probate process can be particularly frustrating. The personal representative may not be forthcoming with information or with answers to your questions. Probate can take a long time and there can be long delays until you receive any inheritance. The personal representative...
Payment for the Personal Representative of an Estate
The personal representative of an estate has a litany of responsibilities it must fulfill. They must locate, inventory, and manage the assets of the estate. They must notify beneficiaries and heirs that the decedent has died. They must notify creditors of the estate and verify which creditor claims are valid and, thus,...
Handwritten Wills in California
Handwritten wills, also known as “holographic wills,” are accepted in California. There are certain requirements that must be observed, however, for a handwritten will to be valid in this state. Also, while handwritten wills may be valid in California, you should be aware of the potential pitfalls of having such a...
California Will Contest Actions
Most of the time, while not very pleasant, probate starts off without a hitch. The decedent’s will is verified by the court and then the personal representative of the estate dives into their many responsibilities. Every so often, however, a person will attempt to contest a will.
Now,...
How to Plan for Estate Taxes
Taxes are just a part of life. They are also a part of death. Yes, estate taxes can greatly impact your estate as the taxation rate is significant for those estates that fall above the federal estate tax exemption amount. Right now, this exemption amount is quite high. It sits at $12.92...
Choosing a Financial Agent for Your Durable Power of Attorney
Having a durable power of attorney in place can bring you peace of mind like you might not even be able to imagine it capable of providing. When you have a durable power of attorney in place, you can rest easy knowing your agent has the power to manage your fairs should...