Blog Posts in August, 2010
Posted on Aug 30, 2010 By Renee E. Linares
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 ...
Continue reading "My Estate Planning Documents LOOK Good but are they Valid?" »
Posted on Aug 27, 2010 By Renee E. Linares
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 ...
Continue reading "What is a California Statutory Will?" »
Posted on Aug 26, 2010 By Renee E. Linares
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 ...
Continue reading "Who still uses Holographic Wills?" »
Posted on Aug 23, 2010 By Los Angeles Estate Planning Attorney
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 ...
Continue reading "Witnessing a Will in California" »
Posted on Aug 20, 2010 By Renee Linares
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 ...
Continue reading "Requirements to Witnessing a Will in California" »
Posted on Aug 18, 2010 By Renee Linares
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 ...
Continue reading "How dangerous is a Mistake in your Will: It Depends..." »
Posted on Aug 17, 2010 By Renee Linares3
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 ...
Continue reading "Contesting a Will based on Fraud" »
Posted on Aug 13, 2010 By Renee Linares
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 ...
Continue reading "Requirements for a will contest" »
Posted on Aug 12, 2010 By Los Angeles Estate Planning Attorney
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 ...
Continue reading "Trust Mills: Have you been a Victim?" »
Posted on Aug 10, 2010 By Renee Linares
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 ...
Continue reading "California establishes a test for Probable Cause in a Will Contest" »
Posted on Aug 9, 2010 By Renee Linares
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 ...
Continue reading "Legislative Changes Definition of Will "contests"" »
Posted on Aug 6, 2010 By Renee Linares
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 ...
Continue reading "Spotting Undue Influence" »
Posted on Aug 5, 2010 By Renee Linares
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 ...
Continue reading "Requirements of Wills Drafting: Testamentary Intent" »
Posted on Aug 4, 2010 By Renee Linares
A person who is subject to a conservatorship may still have the capacity to set up their own estate plan. The appointment of a conservatorship is a consideration in determining whether the conservatee ...
Continue reading "How a Conservatorship affects Estate Planning " »
Posted on Aug 3, 2010 By Renee Linares
There may be a heightened concern for setting up an estate plan for an ailing relative or friend who is suffering from illness. However, the affect of mental illness adds another issue to establishing ...
Continue reading "How Mental Illness affects Estate Planning" »
Posted on Aug 2, 2010 By Renee Linares
As part of the estate planning process you may consider having both a will and a trust. Generally a pour over will works in conjunction with setting up a trust. Some trusts are created by will, these ...
Continue reading "The Difference between a Will and a Trust" »