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Blog Posts in Capacity

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  • Capacity in California Information
    Capacity in California Information

    If you are planning on making changes to your estate plan, or if you are drafting an estate plan for the first time, you should ensure that your capacity will not be called into question. A ...

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  • Capacity in California Continued
    Capacity in California Continued

    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 ...

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  • Determining Capacity
    Determining Capacity

    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 ...

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  • Spotting Undue Influence
    Spotting Undue Influence

    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 ...

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  • How a Conservatorship affects Estate Planning
    How a Conservatorship affects Estate Planning

    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 ...

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  • How Mental Illness affects Estate Planning
    How Mental Illness affects Estate Planning

    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 ...

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