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probate Archives

How is depression in the elderly treated?

If you have an elderly loved one in a nursing home, you may be concerned about his or her mental wellness. Many seniors suffer from depression and emotional issues, which can have many serious health effects if left unaddressed. WebMD explains how depression impacts older people and what to look for if you’re concerned for someone you love.

Challenging the lucid interval

The loss of a parent or another close relative can be an emotional time. If you or another family member is the executor of the will, there may be beneficiaries who dispute their portion of the estate. In other situations, a recent change to an existing will gifting a large part of the estate to a caregiver or charity may result in a challenge to the will's validity. At The Law Office of Matthew C. Yu, we have courtroom experience and often assist clients in trust litigation.

How can I deal with addiction through estate planning?

Dealing with drug addiction in your family is often complex. This is especially true when it comes to estate planning. Many parents are wary of providing an inheritance to a child with an addiction, which can be a great source of conflict between family members when it comes to creating an estate plan. WealthManagement.com offers the following insight in this case, which can help you create a solid estate plan that doesn’t harm those you love who are struggling.

The court’s role in probate when there is no will

When a loved one passes away, emotions often run high. Managing the funeral details, notifying family members and other necessary tasks is stressful for the family members left behind. A will can ease some of the pressure, as there are provisions for dividing the estate. However, if you do not have a will, the courts may step in and distribute the estate as it sees fit. At The Law Office of Matthew C. Yu, we have experience in helping clients understand the probate process.

Grounds for contesting a will due to undue influence

The complexities of California family relations coupled with cognitive disorders such as Alzheimer’s can complicate legal issues when it comes to estate distribution. Contesting a will on the basis of diminished or altered capacity is common when addressing significant estates. At The Law Office of Matthew C. Yu, our team has experience representing clients who believe their relative was mentally unfit at the time of the last will modification. If proven true, the will, as it stands is invalid.

How are estates probated?

There are many different reasons why your estate may end up in probate court after you die. Even if you have a solid estate plan in place you could still run into issues, such as disputes from heirs, failures to properly fund trusts, or mistakes and omissions in wills. To ensure you’re completely informed about the process, The Balance offers the following information.

Outside factors that can affect the probate process

When it comes to probate, many different issues are frequently taken into consideration, from the wishes of a loved one who passed away to the proper way to handle a dispute. It is important to bear in mind that other factors may affect the probate process also, even if they have nothing to do with probate whatsoever. Moreover, these challenges can increase the likelihood of a dispute surfacing and other challenges appearing at some point. For example, high levels of job-related stress, health problems and addiction to drugs or alcohol can all affect someone with respect to the probate process.

Probate disputes with stepparents

For many stepchildren, there are a number of issues that may arise with stepparents from time to time. However, some are especially upsetting and can be very draining for all parties, such as probate disputes. If you have found yourself in the middle of a probate dispute with your stepparent, you may be struggling with more than just anxiety over the estate and uncertainty. You could be feeling betrayed or emotionally bitter because of your stepparent's behavior. It is crucial to carefully think your options through during this time and try to minimize conflict if you can.

Reviewing California's views on no-contest clauses

The last thing that you want is for there to be discord amongst your beneficiaries once you are gone. Not only do you want to avoid familial tension, but the thought of the administration of your estate being slowed and having to pay out more in probate cost may concern you. Some might suggest avoiding the potential of disputes altogether by putting a no-content clause in your will. Many have come to us here at The Law Office of Matthew C Yu after having received such advice wondering if it is a valid option. The answer to that question depends largely on the context in which a dispute arises. 

How can I tell if a senior loved one needs help?

Growing old can be difficult, especially for seniors who live independently. In this case, family members must be able to identify when a loved one needs additional help, either due to cognitive impairments or because of mobility issues. AARP offers the following advice in this case, which can help you help your elderly relative secure the assistance he or she needs to stay safe.

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