There are very few circumstances where the idea of contesting a will elicits positive emotions. The image that is associated is usually one of strife, stress, and hurt. Not only is the focus being taken away from honoring the passing of a loved one, those who remain are often in the process of learning new,
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Many couples go about their married lives in peace, with the belief that all their assets are shared as equals. Other couples rest in the idea that they are aware of what belongs to whom in every respect and have made amicable agreements about future distribution of properties. In either of these situations, partners may
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It is estimated that less than half of all Americans have documents in place for directing how affairs are to be conducted following their death. Even though death is a certainty in life, many of us somehow manage to push the idea aside, and continue to act as though the event is forever far away. For
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The vast majority of estate planning is undertaken to avoid probate. Probate is the process by which the state determines a deceased person’s will to be either invalid or valid. In this system, the courts of a state take control of a deceased person’s property and oversees its distribution. In some states, a dedicated probate
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If you have inherited property in California, you may have encountered a Heggstad petition. While finding an error, omission, or oversight in a loved one’s estate planning can be upsetting, a properly filed Heggstad petition can avoid a lengthy probate process. Discussing the details of a Heggstad petition with your family and ensuring that they,
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Legal jargon can at times feel impenetrable to a layperson, thus removing any sense of relatability from the law, and making it obtuse and confusing. Yet the reality is that the law simply dictates proper conduct between individuals, either with other individuals or society. It sets guidelines and limits and enforces penalties on those that
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Over half of all US adults do not have wills. Even among baby boomers (ages 54-71), roughly 60% of respondents have estate planning documents. It is only at around age 72 and older where the statistic jumps up to over 80% – yet as tragic as it may seem, about 20% of annual deaths occur
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To any family undergoing the transition through a loved one’s loss, the priority is taking time to mourn and honor their passed family member with the memorial and the rites they wanted and deserved. What families do not want is to be interrupted with a long, extended, and at times even unnecessary probate process. Yet
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A power of attorney essentially permits another person to make choices in your name. In its simplest form, a document acting as a power of attorney can be life-changing, life-saving, and very dangerous in the wrong hands. Because of that – and because of the value we place on choice and individual liberty – creating
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The probate process is one by which the law helps families determine what to do with the possessions of a deceased loved one, taking into consideration the law and their will, if it exists. While the probate process is not especially complicated, it can last well over a year, depending on the complexity of the
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