| September 03, 2010 |
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Property Not Subject to Probate
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| Posted By Renee Linares |
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| The majority of people who do estate planning seek to avoid probate. In fact, part of avoiding probate involves having a savvy estate plan. estates must go through probate. Additionally, probate is not required if the assets in the estate are less ... |
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| Continue reading "Property Not Subject to Probate" » |
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| September 01, 2010 |
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Make sure your Loved Ones are Provided for: A Case Study
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| Posted By Los Angeles Estate Planning Attorney |
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| In March of 2010, the California Court of Appeals ruled once again on in re: Marshall which became infamous as the "Anna Nicole Smith" case. Sadly, now all the parties to this action are deceased. However, the facts which originated this famous case ... |
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| Continue reading "Make sure your Loved Ones are Provided for: A Case Study" » |
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| August 30, 2010 |
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My Estate Planning Documents LOOK Good but are they Valid?
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| Posted By Renee E. Linares |
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| In California, there is no legal formality that law firms or will drafting companies must comply with to have the instrument qualify as a valid will . Therefore, alot of trust mills spend alot of money trying to buy the most expensive estate ... |
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| Continue reading "My Estate Planning Documents LOOK Good but are they Valid?" » |
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| August 27, 2010 |
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What is a California Statutory Will?
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| Posted By Renee E. Linares |
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| Generally, there are three types of wills in the state of California: Witnessed Wills, Holographic Wills and Statutory Wills. Many people have heard of the first two types of wills, but you may not be aware of the third option to draft a statutory ... |
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| Continue reading "What is a California Statutory Will?" » |
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| August 26, 2010 |
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Who still uses Holographic Wills?
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| Posted By Renee E. Linares |
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| Who uses holographic wi ll s anymore? Well, more people than you would think. Not everyone has the resources to hire an attorney to draft a will. Therefore, you may still come across handwritten or holographic wills. A holographic will is defined as ... |
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| Continue reading "Who still uses Holographic Wills?" » |
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| August 23, 2010 |
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Witnessing a Will in California
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| Posted By Los Angeles Estate Planning Attorney |
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| If you reside in California you may have different witness requirements for your will than family and friends residing in other states. A will executed in California requires two witnesses. California Probate Code section 6110(c)(1). The legal term ... |
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| Continue reading "Witnessing a Will in California" » |
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| August 20, 2010 |
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Requirements to Witnessing a Will in California
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| Posted By Renee Linares |
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| If you are executing a will it is important that you comply with California's requirements for wills drafting so that your will is valid. This is why its helpful to hire an estate planning attorney to assist you with basic will drafting. If you have ... |
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| Continue reading "Requirements to Witnessing a Will in California" » |
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| August 18, 2010 |
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How dangerous is a Mistake in your Will: It Depends...
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| Posted By Renee Linares |
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| A will may be held invalid if the will was procured as a result of a mistake. However, what does this mean? This doesn't necessarily refer to typos or minor changes which can be debated in probate court , these are major mistakes so big that the ... |
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| Continue reading "How dangerous is a Mistake in your Will: It Depends..." » |
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| August 17, 2010 |
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Contesting a Will based on Fraud
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| Posted By Renee Linares3 |
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| There are several grounds upon which you can contest a will. One of the grounds is fraud which is often brought together with undue influence. Fraud is defined as a false representation or concealment of a matter of fact, whether by words or by ... |
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| Continue reading "Contesting a Will based on Fraud" » |
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| August 13, 2010 |
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Requirements for a will contest
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| Posted By Renee Linares |
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| In order to qualify as a will contest under California Probate Code section 21311(a)(1) the contest must be direct. A direct contest is one "that alleges the invalidity of a protected instrument" a protected instrument is defined as the instrument ... |
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| Continue reading "Requirements for a will contest" » |
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| August 12, 2010 |
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Trust Mills: Have you been a Victim?
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| Posted By Los Angeles Estate Planning Attorney |
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| Maybe you have heard of "trust mills" in the news. These companies often masquerade as presenting estate planning services to clients at low costs. Often times they take advantage of elderly people and use scare tactics in order to bully them into ... |
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| Continue reading "Trust Mills: Have you been a Victim?" » |
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| August 10, 2010 |
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California establishes a test for Probable Cause in a Will Contest
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| Posted By Renee Linares |
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| On January 1, 2010, the California legislature enacted new laws regarding no contest clauses. Most significantly, the definition of contest was changed to include a requirement that a direct contest is brought "without probable cause." California ... |
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| Continue reading "California establishes a test for Probable Cause in a Will Contest" » |
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| August 09, 2010 |
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Legislative Changes Definition of Will "contests"
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| Posted By Renee Linares |
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| On January 1, 2010, Senate Bill 1264 became operative law. This law repeals probate code sections 21300-21322 and replaces them with sections 21310-21315 which affect the laws regarding no contest clauses in wills. Previously, the definition of ... |
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| Continue reading "Legislative Changes Definition of Will "contests"" » |
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| August 06, 2010 |
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Spotting Undue Influence
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| Posted By Renee Linares |
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| You may not know the exact definition of the legal term "undue influence" however that does not mean you have not been a witness to such wrongful conduct. Often times the elderly are victims to people who try to take advantage of their frail ... |
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| Continue reading "Spotting Undue Influence" » |
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| August 05, 2010 |
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Requirements of Wills Drafting: Testamentary Intent
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| Posted By Renee Linares |
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| A will is a legal instrument and as such there are certain requirements that must be fulfilled in order to find that the will is valid and has been drafted in accordance with California law. One requirement of a valid will is testamentary intent. ... |
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| Continue reading "Requirements of Wills Drafting: Testamentary Intent" » |
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