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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:
Why Do I Need an Estate Plan?
Anyone considering setting up an estate plan would likely be advised that it is a good idea. An estate plan removes a lot of the doubt and questions that might otherwise be asked after you have passed away. It is a way for you to clearly explain your wishes and how you want your assets to be handled once you are no longer able to express those wishes. While people often think the only reason to draft an estate plan is to protect your assets, this article will describe some other reasons that might help you in your decision. If this is relevant for you, speak with a compassionate L.A. County, CA estate planning lawyer who can guide you through this process.
Provisions for Minors
When a parent of minor children passes away, questions arise about guardianship. Your estate plan can include clear instructions about who should be responsible for your children if you or your spouse should die. You can even have a prioritized list of people based on who is available to care for your children at the time of your death. Your estate plan can also include which assets should be directed to the guardians to help them with the added costs of taking in your children, as well as assets that can be otherwise used for their benefit while they are still minors.
Options If a Parent Is Not of Sound Mind While Drafting a Will
When people leave a last will and testament behind, their loved ones often consider it a wonderful gift. When someone describes in detail how they want their estate to continue after their passing and what they wish to bestow upon those who live after them, it can help prevent arguments between relatives and stress stemming from uncertainty about what to do.
However, wills are not something that every person is entitled to draw up no matter what. For a will to be considered valid, the person who created it needs to demonstrate that they had testamentary capacity at the time they were writing it up. This means they need to have mental competence or the will is invalid.
If your loved one is suffering from dementia, Alzheimer's, or other mental issues, it can be a painful time for both you and them in general, and painful for you to prove they are mentally incapacitated for legal purposes in particular. The law allows you to contest the will if you have reason to believe that it does not represent their true intentions. Speak with a compassionate Los Angeles, CA estate planning attorney who can help you navigate this complicated situation.
How Can an Attorney Assist an Estate Executor in California?
When someone passes away, their assets and estate need to be managed and distributed according to the wishes set forth in their last will and testament. An executor is appointed to carry out these responsibilities, ensuring everything is handled smoothly and legally. Many estate executors are family members of the deceased, and may not have experience with the complex laws surrounding the probate process. In California, an attorney is a valuable resource for an estate executor, providing guidance and support and helping the executor avoid missteps and confusion.
With 35 years of experience, Attorney Schechet at Law Office of David Schechet is among the most talented and respected legal professionals in California estate planning law. For executors seeking legal guidance, Attorney Schechet is a legal professional whose knowledge and experience are second to none. Whether your case is highly complex and involves high-value estate planning instruments, or whether you are going through the probate process with a simple, straightforward will, our office is here to help.
How the California Probate Process Works
Many steps require completion before an estate executor can pass down any assets to the beneficiaries named in a deceased person’s will. Each step must be completed exactly as the court specifies, which includes the filing of many forms, and an executor must follow each step of the California probate process in order. Because executors are often family members who do not have a specialized understanding of the law, following the probate process can be complicated and confusing. For help concerning every aspect of the probate process,consult an estate planning attorney for questions or advice.
The Petition
A petition for probate must be filed in the California county in which the deceased person lived when they died. The court will then give notice of a necessary hearing that will take place in approximately 30 to 40 days. The petitioner will also need to file a copy of the deceased individual’s will (if they had one) and a copy of the death certificate (in some circumstances), and pay the filing fee.
Wills vs Trusts: Which is Better?
The short answer to which is better, a will or trust, is that it depends entirely on what it is you need it for. A better way to answer this question would be to dive into what a will and a trust are and what makes them different from one another. You should also keep in mind that you can have both. Whatever your estate planning needs are, an attorney can go over the document with you or help draft it to ensure your wishes are enforceable.
A Last Will and Testament
A will takes effect only once you pass away. A will is a document that allows you to declare who will receive your possessions once that occurs. In California, a will must be signed in front of two witnesses, both of whom must verify that during the signing, you were of sound mind and body. In other words, they must certify that you did not sign the will through coercion or under duress.
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