A will outlines your wishes for how your estate will be managed and distributed after you die. However, if you die without this important document, there can be a crisis for your loved ones as they scramble to manage your estate without any guidance. Understanding...
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Wills
Suing the executor of a will
The executor that has been appointed in a California will is in charge of taking care of the testator's unpaid taxes and other debts, followed by distributing the assets to the correct recipients. However, if an executor makes key errors, they can be potentially...
Contesting a will
Challenging a will in court can be accomplished, but not for just any reason. Likewise, not every person has the legal standing to challenge the document. However, certain types of individuals are allowed this privilege in California. Executor A person who had been...
Resolving a will and trust conflict
California residents are urged to set up a trust to handle the distribution of their assets after they pass. But all too few people are aware that you should also have a will in place. These are two documents that are supplementary to each other rather than mutually...
Facts about the No-Contest Clause in California wills
A will is a legal document that contains many important provisions, one of which is the no-contest clause. This clause is typically designed to discourage disputes and costly litigation over the terms of the will. What does the no-contest clause do? The no-contest...
What are the grounds for contesting a will in California?
When a decedent in California dies, the executor files a petition to probate the will. The petitioner must send notice that they filed the petition to probate the will to all heirs, devisees, executors and alternative executors of the decedent. If you have a legal...
Facts about heirs-at-law contests
When a loved one dies in California, it is often difficult to deal with the estate. This can be especially true if there is a contest about who is the rightful heir. If you find yourself in this situation, knowing how to handle it can be critical. Who is an...
How long do beneficiaries have to contest a will?
Courts see wills as the voice of the deceased issuing their last wishes. That's the testator, the individual who wrote the will. Typically, California law supports the will. Anyone who argues the content of the will and its intent is contesting the will. Why contest a...
Who can contest a will?
Disappointment with the terms of someone's last will and testament might prompt you to contest the document's legitimacy. You should not take the act of contesting a will in California lightly. You can only bring forward the legal challenge if you have legal standing...
Is contesting a will the right choice for you?
California residents who are left out of the will of a family member may find themselves distraught. Whether you were told you would be included in the will or it was just assumed that you would be, it can be a surprise to find out that you weren't. It's important to...