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probate Archives

Do I need more than a will when estate planning?

For people estate planning in California, avoiding common mistakes is a key concern. One major mistake is using a will alone, which can result in a protracted and often costly probate hearing. Forbes explains some of the most common estate planning mistakes and how you can avoid them.

What are the signs of elder abuse?

Unfortunately, elderly people are often targets of abuse by certain individuals, including close family  members. Some people may look at aging people as easy to take advantage of, especially when it comes to financial matters. Accordingly, being able to recognize the signs of elder abuse is crucial, which is why Caring.com offers the following information.

How can I prevent conflict between my heirs?

If you’re working on your estate plan in California, you may be thinking about how your heirs will react to your decisions. In many families how assets and property are distributed after a person’s death often leads to conflict, especially when adult children believe they were intentionally left out of the loop. While you can’t always stop fights between your children after you’re gone, AARP offers the following advice to help you keep tensions from rising.

External elements that can influence a will

Should one survey Los Angeles residents regarding what documents are needed to complete their estate planning, the most prevalent (and likely only) response will probably be a will. While a will may often be the centerpiece of a person's estate planning portfolio, it is by no means the only article needed to effectively manage and administer an estate. Indeed, information shared by Forbes Magazine lists only relying on a will as the most common estate planning mistake most make. Advance medical directives, power of attorney and trusts articles are among the more well-known documents many use to supplement their estate planning. One might even rely on elements outside his or her will to dictate how his or her assets are to be dispersed. 

How can I choose the best trustee for may estate?

If you want to avoid probate while estate planning, having a trust in place is the way to go. However, many people involved in estate planning in California struggle with picking the best trustee for the job. In this case, AARP recommends the following advice to ensure your selection is up to the task of managing your estate affairs after you’re gone.

How can I choose the best trustee for may estate?

If you want to avoid probate while estate planning, having a trust in place is the way to go. However, many people involved in estate planning in California struggle with picking the best trustee for the job. In this case, AARP recommends the following advice to ensure your selection is up to the task of managing your estate affairs after you’re gone.

When abuse and estate administration collide

The idea of someone killing another for their money may make for a compelling movie plot. Like most in Los Angeles, however, you might dismiss the notion of this happening in the real world. Yet the enticement of money that could come from an estate may indeed prompt some to hope for a potential benefactor to hurry up and die (or even to help hasten the process). Here at The Law Office of Matthew C. Wu, clients have come to us with this very serious concern hoping there may be some civil recourse in the event a criminal investigation comes up empty. 

Can you revoke advance directives?

The process for setting up advance directives was detailed earlier on this blog. Yet the very principle of advance directives is based on the assumption that your opinions do not change. When admitting you for treatment, your healthcare providers must assume that the manner of care that you requested in your advance directives still reflects your current wishes. What if they do not? Are you able to revoke them? 

How do you set up advance directives?

One of your basic rights is to determine the course of your health care in Los Angeles. Many fear losing such basic rights if they become incapacitated. You can, however, retain the right to dictate how you want to be cared for by medical providers even after you lose the mental capacity to comprehend such a decision by setting up advance directives. These directives are more than just simple wishes; rather, they are the specific instructions to which healthcare personnel are bound to follow when treating you. Thus, the law requires that certain criteria be met before your advance directives are considered valid. 

Reasons for removing an executor

When you are party to an estate in Los Angeles, the perception often is that you are at the will of the estate's executor. In reality, however, an executor's role is simply to ensure that your interests in the estate are protected as per the instructions of the testator. From this perspective, the duties that an executor has to you become more clear. Many come to us here at The Law Office of Matthew C. Yu wondering what recourse might be available to them if an executor fails in meeting those duties. 

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