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February 2018 Archives

What is undue influence in probate law?

Making a living will is a difficult decision, even more so when you take into account the people who may be affected by the distribution of your estate. While you wish to be fair to everyone you love, unless you leave estate distribution in the hands of the state of California it is entirely likely some bias will occur in choosing how to allocate funds, possessions and property. That bias is entirely of your choosing and your right, particularly if you allocate based on the needs of your loved ones - but what happens when, as you create your will, certain people attempt to influence your decisions in their favor?

The reason a committed administrator is critical to a will

When people are faced with the task of writing and finalizing their will, they often see this process as the most important step to planning their estate. While this is somewhat true, equally as important is choosing an administrator or executor who is committed to overseeing their will following their death. People in California who fail to select someone who is trustworthy and understands how to execute a will can create tension, stress and even confusion following death.

Does a will take care of all my assets?

You are finally going to take that important step of making a will—congratulations! Like many Californians, you are making a responsible decision for your family and heirs. While you are gathering your thoughts and financial documents, there are a few additional items to consider before you begin planning.

Avoiding mistakes may help executors with probate

When your loved one first approached you about acting as executor of his or her estate, you may not have fully understood what that meant. The person may then have told you that it would involve handling his or her final affairs after death, and because you likely knew that this position held importance to your loved you, you agreed to take on the role. After all, you probably would not have to worry about this duty for some time.

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