At some point in your life, you may be unable to make health care decisions due to a medical crisis that incapacitates you. Such a crisis can affect you at any age. For example, you could experience a traumatic brain injury in a car accident when you are otherwise in...
Bay Area Estate Planning and Family Law Blog
Should you trust family to run your estate?
An executor plays a crucial role in the managing of your estate plan and in carrying out your wishes. You may immediately lean toward appointing a family member for that reason. But is that the best possible option for you? In reality, you may find that the family...
What it means to be an executor of a will
If someone has chosen you as an executor of their will, you may wonder what is in store for you. This role can come with lots of responsibility, and this may be intimidating to some. However, that does not mean that you need to feel overwhelmed. The more you can...
What is undue influence?
When dealing with estate plans, it is possible to come across the term "undue influence". With luck, most people will not have to deal with a situation involving this. But unfortunately, it is a somewhat widespread problem. What is undue influence, then? Why does it...
3 things your future executor should know
When you work on your California estate plan, you may feel most concerned with putting together a will, a power of attorney and an advance health care directive, among other possible inclusions. However, you would be wise to also consider who you are going to name as...
What are personal representatives responsible for?
Though it differs from state to state, generally speaking, personal representatives are estate executors named in a will or appointed by the court in the case of an invalid will or absent will. After approval and appointment, this individual will hold the duty of...
Can a jealous sibling spat end in litigation?
Sibling spats are a somewhat natural part of growing up in a family with siblings at all. Many of these disputes are relatively mild, and most people will grow out of them in their adult years. However, some disputes can continue to escalate throughout childhood and...
Is it necessary to update your estate plan?
There are two parts to estate planning: creating a plan and maintaining that plan. Failure to keep your plan updated can result in lost assets, wasted resources, beneficiary confusion and estate disputes. Contrarily, an updated plan can provide your surviving family...
What is needed to set up a conservatorship?
In California, a conservatorship is a protective proceeding for an adult. Conservators handle all medical and financial affairs for conservatees because they cannot care for themselves. The process of filing for a conservatorship is complex. If you intend to file a...
When may the court consider a will invalid and what may occur?
California probate court judges oversee transferring assets to the heirs named within a valid will. If you wrote out a will while experiencing a cognitive or mental health issue, however, your heirs may contest its validity. As noted on the California Legislative...