Blog Posts in July, 2010
Posted on Jul 28, 2010 By Los Angeles Estate Planning Attorney
California defines what evidence must be shown whenever you are seeking to prove that a person lacks capacity to make a decision such as update their will or draft a new will. However, what type of ...
Continue reading "How do you prove someone lacks capacity to sign a Will in California?" »
Posted on Jul 26, 2010 By Renee Linares
One of the basic requirements of testamentary capacity is whether the testator was mentally competent to draft the will at the time the will was executed. First the person must be at least 18 years of ...
Continue reading "Do YOU have the capacity to draft a Will in California?" »
Posted on Jul 23, 2010 By Renee Linares
Obtaining Life Insurance coverage is often a part of the estate planning process. If you have multiple life insurance policies you may want to consider a Life Insurance Trust. a life insurance trust ...
Continue reading "Understanding Life Insurance Trusts" »
Posted on Jul 22, 2010 By Renee Linares
When someone passes away, one headache you may not expect is dealing with the creditors of their estate. You may have been unaware of what debts the decedent had accrued during their lifetime. In ...
Continue reading "Are you worried about Estate Creditors?" »
Posted on Jul 21, 2010 By Renee Linares
Many people who seek out estate planning attorneys do so to reduce their estate taxes and to avoid having to put their property through the probate process. The most commonly used method to avoid the ...
Continue reading "Why put your Property in a Trust?" »
Posted on Jul 20, 2010 By Renee Linares
One of the reasons people chose to have an estate plan set up is to avoid inconvenience or confusion among their loved ones by going through a complicated probate proceeding. Part of estate planning ...
Continue reading "You don't have to go through Probate to collect Life Insurance Benefits " »
Posted on Jul 19, 2010 By Renee Linares
California is a Community Property state which means that the spouses must divide all community property equally. California defines community property as "All property acquired during marriage and ...
Continue reading "You can avoid probate if you have Property held as Community Property with Right of Survivorship" »
Posted on Jul 16, 2010 By Renee Linares
Many people are not quite sure what it means to hold property in "joint tenancy." You may hold real property (real estate) and personal property like bank accounts, cars or investments in joint ...
Continue reading "How does holding Property in Joint Tenancy affect Estate Distribution?" »
Posted on Jul 15, 2010 By Renee Linares
Depending on the circumstances, your friends, family and loved ones may not have to go through the probate process in order to determine what happens to your property. In California, upon the death of ...
Continue reading "Your Estate is not subject to the Probate process IF....Property Passes to a Surviving Spouse" »
Posted on Jul 14, 2010 By Renee Linares
After the initial shock subsides after losing a loved one, it is a time to consider more practical matters, such as what is to become of their personal belongings and property. If the person who died ...
Continue reading "How to Determine if You are entitled to Inherit from a Loved One's Will" »
Posted on Jul 13, 2010 By Renee Linares
After you pass away, the person you chose to name as the executor of your will is in charge of carrying out the provisions of your will and administering the distribution of your property. The Probate ...
Continue reading "How to Nominate an Executor " »
Posted on Jul 12, 2010 By Renee Linares
A will is commonly known as an instrument by which a person disposes of his or her property which takes effect after their death. Many people assume that the single purpose of a will is to dispose of ...
Continue reading "Many uses for a Will in California" »
Posted on Jul 8, 2010 By Renee Linares
One of the sad realities is that many people are taken advantage when they are most vulnerable, in their golden years, while in the care of someone they trust. Unfortunately, anyone close to the ...
Continue reading "California Law Protects Seniors from Undue Influence" »
Posted on Jul 7, 2010 By Renee Linares
It used to be that creating a trust was only for the extremely wealthy. However, may people who may consider themselves "middle class" are starting to create trusts as part of their estate planning ...
Continue reading "How to Contest a Trustee's Accounting in California" »
Posted on Jul 6, 2010 By Renee Linares
In January of 2010, the California Court of Appeals considered who could petition for Guardianship of a minor, apart from a family member. California Probate Code section 1510(a) identifies persons ...
Continue reading "California Defines "other person on behalf of the Minor" for Guardianship cases" »
Posted on Jul 2, 2010 By Renee Linares
On December 7, 2009, Pauly Shore became famous for something other than his comedy routines. Pauly Shore filed a lawsuit against his brother, Peter Shore which alleges Peter has exerted undue ...
Continue reading "Undue Influence in Hollywood" »
Posted on Jul 1, 2010 By Renee Linares
In January of 2010 the California Appellate Court considered the right of a parent to care for their children in considering an application for the appointment of a Guardianship . (Super. Ct. No. ...
Continue reading "The Right to Raise your Children" »