For a family that is already grieving, few things can create more tension than discovering a loved one’s will has changed unexpectedly before their death. Sometimes, those changes truly do reflect a person’s wishes. But, in some cases, those changes may have resulted...
Results-Oriented: Creative, Strategic And Skilled Legal Techniques
Year: 2026
Who addresses creditor claims against an estate?
When someone passes away, creditors may make claims against the estate, seeking payment for money that is still owed. A simple example would be outstanding credit card debt that was never fully paid off. But creditor claims can also involve mortgage loans, car loans...
When a trustee undervalues critical trust resources
Trustees must manage resources according to the instructions provided by a trustor. They may need to distribute resources to beneficiaries and make decisions about the management of key assets to preserve their value. In some cases, they may end up accused of...
Disinherited spouses in California can ask the courts for help
An inheritance can provide reminders of a person who has passed. These reminders can provide comfort. Yet, sometimes, reviewing a will or other estate planning documents can worsen the pain caused by a loved one’s passing. Spouses who spent decades in a marriage...
When a trustee engages in self-dealing
A trustee’s obligations may include long-term asset management. They may need to maintain real property, help run a business or make decisions about investment resources. Generally speaking, trustees must act in the best interests of beneficiaries to uphold their...
Does life insurance need to go through probate?
When an estate goes through probate, assets are passed down to beneficiaries. If someone does not have an estate plan, then state law will dictate who should receive those assets, generally focusing on next of kin. If the person does have an estate plan, they can...
What is the function of a pour-over will during probate proceedings?
A standard or traditional will identifies an individual's beneficiaries and provides instructions for the administration of their estate. Individuals who established trusts may use a trust to replace a will. Their trust can provide better control over the distribution...
How testamentary capacity can lead to estate disputes
When someone wants to draft an estate plan, one key element is that they have testamentary capacity. This often means that they can demonstrate the cognitive ability to understand their decisions and show that they are of sound mind. An estate plan is a binding legal...
The problem with leaving unequal bequests
When drafting an estate plan, you do not necessarily have to split up all of your assets equally. Many people do, but do not assume that there is a legal obligation to leave all beneficiaries an equal portion. You do have the option to use unequal bequests, such as...
Defending trust assets from fraudulent transfer claims
Trust administration often involves a trustee following the instructions of the trustor regarding asset management and distribution. Sometimes, however, the trust may face legal controversy. Trust litigation can occur because people claim outside influences or a lack...
