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Recent Blog Posts
What Can I Do About a Sibling Who Is Stealing from the Estate?
When a parent dies, even if you are an adult, it is a difficult time. But suppose your adult sister moved in with your mother shortly before her death. You now find out that during the time your sister lived with your mother, she convinced her to change her will, naming your sister as the executor. Your sister has had her share of financial troubles over the years, with your mother constantly bailing her out.
Now, you believe your sister is using her position as executor to steal from the estate. What should you do? This is a situation that needs to be addressed quickly by speaking to a probate/estate administration attorney. Choosing an experienced Los Angeles, CA estate planning attorney can make a significant difference in the outcome of a situation like this.
The Most Common Causes of Real Estate Disputes
When you buy or sell a house, closing is usually the end of your involvement with the other party. The seller moves out. The buyer moves in. Neither party ever hears from the other again. However, disputes can and do arise after a real estate transaction has been completed. Unpleasant surprises are sometimes discovered months or even years after a transaction. Issues like boundary disputes, unexpected costly repairs, or easements that were not mentioned in the closing documents might arise long after a sale. Experienced Los Angeles, CA real estate attorney David Schechet has found that mediation is often highly effective in resolving real estate disputes. In many cases, neither party has acted with malice. Especially if attorneys were not involved in the initial transaction, there is a good chance that your real estate dispute is the result of a genuine misunderstanding or one party’s lack of knowledge. Real estate dispute mediation can help you resolve your dispute quickly without the expense of litigation.
Should an Estate Executor Have a Lawyer?
Being named an estate executor is an honor. Most people appoint someone they were personally close to and trusted to oversee the probate process. The person who chose you to be her executor trusted you to advocate for her and make sure her will can be carried out after she passed away. You are not only tasked with speaking up for the decedent, but you also owe a fiduciary duty to the beneficiaries. Serving as an estate executor can be both a privilege and a source of stress. If you are not very familiar with probate proceedings, the entire process can seem daunting. Having an experienced Los Angeles, CA fiduciary representation attorney to guide you through your estate administration duties can keep the entire process stress-free for you and all the beneficiaries.
Resolving Estate Contests Out of Court
Estate and probate disputes can turn family members against one another and lead to a protracted and costly battle in the courtroom. At a time when emotions are already running high due to the loss of a mutual family member, a disagreement over the estate assets can cause people to behave irrationally or act with unnecessary legal aggression. Will contests can take years to litigate, frequently negating any benefit the winner ultimately receives. Families who are involved in estate litigation against each other often do not reconcile, leading to a permanent rift in the family - which is the last thing the decedent probably wanted. Estate mediation is often a much better, faster, and less expensive solution. You should be represented by an experienced Los Angeles, CA estate contests attorney when you begin mediation.
What Happens if I Do Not Have an Advance Medical Directive?
Imagine requiring medical attention and being unable to communicate. Since you would not be able to make decisions about your medical care, it would be left to others to make those decisions for you. Someone you may not want to have authority over your health might be authorized to approve or deny medications, procedures, and surgeries on your behalf. To avoid such cases, California offers a legal tool called an advance medical directive. This is a document that outlines your wishes in the event of incapacitation and is legally enforceable. Failure to have an advance medical directive can lead to negative consequences, so contact a California estate planning attorney about drafting one for you.
What Is an Advance Medical Directive?
An advance medical directive is a document that specifies your medical preferences for treatment if you become incapacitated. It is typically made up of two parts:
How Can Mediation Help Resolve Probate Disputes in California?
When a person dies and leaves behind an estate, it often passes through a process called probate. In this process, a court oversees the distribution of the estate to the heirs or beneficiaries of the deceased person, called the decedent. If the decedent left behind a will, the court will appoint the executor named in the will to ensure it is carried out. If there is no will, the probate court will search for heirs to be beneficiaries of the estate.
Sometimes, beneficiaries may disagree about how the will is being executed or how the estate is being distributed. If these disagreements turn into legal disputes, a judge will likely suggest the parties first try to reach a settlement through probate mediation.
This article will discuss what probate mediation is and how it can help resolve probate disputes. For more details or for legal assistance in any estate planning matter, contact an experienced California estate planning attorney.
What Happens When a Will is Contested?
A will is a legal document that contains a person’s wishes for when he or she dies. These may include:
- Directions for how to distribute an estate among heirs
- The appointment of an executor to carry out the will
- Preferences for medical care if the person who created the will, the testator, becomes incapacitated
Wills are legally binding and must be honored when they come into effect. However, sometimes a will can be contested. This article will discuss the grounds for contesting a will and the process for doing so. For more details or questions regarding will contests, consult an experienced California estate planning attorney.
What Are the Grounds for Contesting a Will?
Being left out of a will is not a valid reason to challenge it. Justifiable reasons to contest a will may include the following:
- Lack of testamentary capacity: A will is only valid if the testator is of sound mind. If the testator did not have the mental capacity to make sound decisions at the time the will was drawn up, the will can be challenged.
How Can Mediation Help Resolve Issues During Escrow?
Some real estate transactions are smoother than others. Even when everything seems assured, there are often unexpected issues that arise. Many times, these complications pop up during escrow. In escrow, a third party holds property or funds until the sale is complete and/or certain conditions are met. By the time parties reach the escrow stage, they usually have already signed a purchase agreement containing the terms of the transaction.
A real estate deal can hit significant obstacles, which this article will discuss. We will also explore how mediation can help resolve some of these complications and why a California real estate mediation attorney is an excellent resource for settling real estate disputes.
What Kinds of Issues Arise During Escrow?
There are many moving parts to a real estate transaction, which provides many opportunities for hurdles to present themselves. Issues that commonly arise during escrow may be related to the seller, the buyer, the property, or documentation. For example:
How Does a Special Needs Trust Work in California?
If you have family members with disabilities, you know how important it is for you to plan for their future financial security. You might want to set up a trust to make sure that their needs will be taken care of even if you are not there to do it yourself. For people in your situation, a special needs trust (SNT) is often recommended. It can allow you and your family to provide for your relative’s ongoing support and care without jeopardizing their eligibility for government benefits like supplemental security income (SSI) and Medi-Cal (California’s Medicaid program). If you want to plan for a loved one’s future, speak with a skilled Los Angeles, CA estate planning lawyer about whether an SNT is a good idea for you.
What Does a Special Needs Trust Do?
An SNT is specifically designed to supplement, rather than replace, government benefits that people with disabilities receive. When you place assets into an SNT, they can be used to enhance the beneficiary’s quality of life without disqualifying them from government assistance programs. A trust can cover various expenses that are not covered by public benefits, including education, rehabilitation, personal care attendants, and medical and dental care.
A Review of Roles Assigned in a California Estate Plan
An estate plan is an excellent way to help you and your loved ones in the future. It is an opportunity for you to take time while you are able and decide how exactly you would like your estate to be handled and what medical measures you would want to be enacted if you ever become incapacitated and unable to make those decisions or voice your opinions. It can be daunting, but sitting down and creating an organized plan to address everything now is like giving your future self and your loved ones an incredible gift because it reduces confusion and stress down the line. This article will explain the various people you will need to appoint in your estate plan. If you think it is time to start working on an estate plan, speak with a qualified Los Angeles, CA estate planning attorney to learn more.
Who Do You Need to Appoint?
As you begin drafting your estate plan, there are several people you need to assign roles to, including:
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