Recent Posts in Wills Category
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Posted on Nov 2, 2011 By Los Angeles Estate Planning Attorney
Do you believe that you might have been named in a loved one's will, like your father's, but were never shown any will or trust documents and perhaps a sibling or other family member is now ...
Continue reading "Are Will or Trust Details Being Witheld From You?" »
Posted on Jul 7, 2011 By Los Angeles Estate Planning Attorney
Despite how it may sound, a Holographic Will, is not a will forged out of some kind of space age technology from Star Trek. In fact, it can be quite the opposite. A holographic will is defined as, the ...
Continue reading "What Is A Holographic Will?" »
Posted on Jun 17, 2011 By Los Angeles Estate Planning Attorney
Does simply having a will entirely eliminate the possibility of probate ? Well, simply, the answer is: no. Unfortunately, having a will does not always eliminate the possibility that your estate could ...
Continue reading "Does Having a Will Eliminate The Possibility of Probate?" »
Posted on Dec 9, 2010 By Los Angeles Estate Planning Attorney
Unfortunately, often times the elderly become a target for fraud, and this extends into the area of estate planning. If you have loved ones that are entering into their twilight years and need ...
Continue reading "Dealing with Fraud or Mistake in Estate Planning" »
Posted on Dec 8, 2010 By Los Angeles Estate Planning Attorney
If you have recently lost a loved one and suspect that their estate planning documents, namely the will was obtained by fraud, you may have grounds to invalidate the will. If you live in California ...
Continue reading "Questioning the Validity of a Will because of Fraud?" »
Posted on Nov 12, 2010 By Los Angeles Estate Planning Attorney
The first thing you need to do to prepare for your estate plan is to make a list of your known assets. You should take an inventory of all your assets and determine how you would like them distributed ...
Continue reading "Make a List of YOUR Assets to Plan Ahead" »
Posted on Nov 3, 2010 By Los Angeles Estate Planning Attorney
In yesterday's blog, we discussed how capacity affects a person's ability to execute a will in California. Pursuant to California Probate Code section 811 a determination that a person lacks the ...
Continue reading "Capacity in California Continued" »
Posted on Nov 3, 2010 By Los Angeles Estate Planning Attorney
In yesterday's blog, we discussed how capacity affects a person's ability to execute a will in California. Pursuant to California Probate Code section 811 a determination that a person lacks the ...
Continue reading "Capacity in California Continued" »
Posted on Nov 2, 2010 By Los Angeles Estate Planning Attorney
In yesterdays' blog we determined situations where capacity can be an issue for someone looking to draft a will. In fact, for that reason, California has established very specific guidelines for ...
Continue reading "Determining Capacity" »
Posted on Nov 1, 2010 By Los Angeles Estate Planning Attorney
As attorneys who advise clients day to day on estate planning, one real concern we have is establishing capacity when drafting a will. The concern of capacity becomes more present when dealing with ...
Continue reading "Capacity in California" »
Posted on Oct 28, 2010 By Los Angeles Estate Planning Attorney
California has certain requirements that must be fulfilled in order to find that a will is valid and has been drafted in accordance with California law. A will is a legal instrument and as such must ...
Continue reading "Testamentary Intent is Flexible" »
Posted on Oct 27, 2010 By Los Angeles Estate Planning Attorney
Unfortunately, drafting a will, can be considered a taboo or depressing subject among family members. Therefore, many loved ones do not realize the terms of a close family member or friends will until ...
Continue reading "What to do if You have a Problem with a Loved One's Will" »
Posted on Oct 26, 2010 By Los Angeles Estate Planning Attorney
A will may likely be held invalid if there was a fraud in connection with the signing of the will. However, In order to prove that a fraud has occurred there must be proof of an intent to deceive. For ...
Continue reading "Can a Will be invalidated because of Fraud alone?" »
Posted on Oct 20, 2010 By Los Angeles Estate Planning Attorney
You may locate a company that is willing to charge a cheap rate to draft your will. Certain organizations even offer free drafting of wills as part of non-profit services. While some of these events ...
Continue reading "Who did YOU hire to draft your Will?" »
Posted on Oct 11, 2010 By Renee Linares
Often times when an ailing person requires 24 hour care, they become quite close with their care custodian. This may result in situations where the care custodian uses the close relationship and the ...
Continue reading "Donative Transfers to Care Custodians of Depending Adults" »
Posted on Sep 13, 2010 By Renee Linares
Being named somebody's executor is a large responsibility. As the executor of a person's estate, you will have the responsibility of ensuring that their will is distributed pursuant to their last ...
Continue reading "As Executor, Whose Attorney do You Chose?" »
Posted on Sep 9, 2010 By Renee Linares
Being appointed a Guardian is a huge responsibility. There are many circumstances under which a minor child would require a guardian. This blog is limited to the circumstance where a minor child's ...
Continue reading "Can YOU handle being appointed a Guardian?" »
Posted on Sep 6, 2010 By Renee Linares
Do you have what it takes to serve as a personal representative to administer the estate of a loved one or friend? In short, yes. However, whether you'd like to take on that level of responsibility is ...
Continue reading "Do YOU have What it takes to Serve as a Personal Representative?" »
Posted on Sep 1, 2010 By Los Angeles Estate Planning Attorney
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. ...
Continue reading "Make sure your Loved Ones are Provided for: A Case Study" »
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..." »
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