The recent Supreme Court ruling regarding marriage rights of same sex couples will impact estate administration. This includes the treatment of certain assets.
Probate is the judicial process whereby a will is “proved” in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of intestacy in the state of residence of the deceased at the time of death in the absence of a legal will.
The recent Supreme Court ruling regarding marriage rights of same sex couples will impact estate administration. This includes the treatment of certain assets.
While some families choose to create a California estate plan that distributes assets evenly between all children, this is not always the case. Some individuals may wish to disinherit an heir.
The will or trust may clearly lay out the wishes of the deceased; however, an heir or beneficiary may be upset with the way the instrument reads. The result could be a California will contest over the disputed document.
When a decedent executed more than one version of a will during his or her lifetime, a beneficiary or heir might later try to argue that the original version of the will was never properly revoked.
Unfortunately, some personal representatives fail to abide by these rules and attempt to distribute probate assets without following the procedures outlined in the California Probate Code for a probate administration. The result may be a California will contest.
While it may seem odd that a probate administration would go unfinished, it is a fairly common occurrence. Read more about failing to finish a probate.
Unfortunately, many people forget to update their San Diego life insurance beneficiary designations following life changes and before they pass away.
What are some of the tax mistakes that fiduciaries make with regard to tax returns of a trust or estate? Here are eight common examples.
What are some of the witness-related reasons that the validity of a will might be brought under attack? Here are seven examples.
Wondering what types of twists might lead to litigation when probating an estate in San Diego where a beneficiary is an adopted child? The following are three such examples: