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Posts tagged "Probate"

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. 

Do I really need a will?

Many people in California wonder whether they actually need a will. The truth is that most people should have some kind of estate plan in place when they die, even if they have only a few assets. TheBalance.com offers the following information on what happens when you die without a will or trust in place.

Tips on Choosing the Right Executor for Your Will

While will creation is an essential aspect of estate planning in California, choosing the right executor is equally important. Your executor will resume responsibility for financial issues after you die, including satisfying outstanding debt and ensuring your assets are distributed appropriately. Because the decision is so important, Kiplinger offers the following tips on finding the best person for the job.

How to protect yourself against financial fraud

As a senior citizen in California, you’re probably invested in preserving your estate to ensure you can leave assets to your family upon your passing. Unfortunately, many people target seniors with fraudulent financial offers, which can result in the loss of money and property. In order to properly safeguard yourself against fraud, the National Council on Aging offers the following advice.

Are you prepared to act as an estate executor?

Having a friend or family member pass away is often extremely emotional. Not only are you forced to deal with feelings of loss and grief, but there is also matters involving the deceased’s estate. If you have been named the estate executor in an estate plan, you may be faced with a host of issues. It is crucial that you fully understand your role as an estate executor so that you may fulfill your responsibilities or legally withdrawal from the role.

Are you prepared to act as an estate executor?

Having a friend or family member pass away is often extremely emotional. Not only are you forced to deal with feelings of loss and grief, but there is also matters involving the deceased’s estate. If you have been named the estate executor in an estate plan, you may be faced with a host of issues. It is crucial that you fully understand your role as an estate executor so that you may fulfill your responsibilities or legally withdrawal from the role.

How to avoid common estate planning mistakes

If your estate plan is contested it could end up in probate court. Depending on the complexity of your will and other documents, this process can be lengthy (and rack up legal expenses as a result). However, there are steps you can take to prevent your will from being contested, such as by making sure there are no mistakes in your estate plan. Kiplinger offers guidance on how to do just that, which benefits your estate as well as your family.

3 Things to Consider When Drafting a Will

For people currently creating their estate plans in California, taking a comprehensive view is key to ensuring your property and assets remain protected. Unfortunately, there are a few considerations that often slip through the cracks when drafting a will, which can result in your decisions being contested. Forbes provides insight into some of these overlooked factors so you can rest assured of a valid and legally binding plan that accurately reflects your final wishes.

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