Does A Prenuptial Agreement Override A Will
Premarital agreements increasingly have become commonplace in modern marriages. A 2022 poll by Harris Insights & Analytics found that 15 percent of married respondents reported having a premarital agreement, up from 3 percent in 2010.
Can I Sue Heirs of a Deceased Person?
If you have a valid legal claim against a deceased person, you may still be able to receive compensation by filing a lawsuit against the deceased person’s estate. However, you will typically need to direct your efforts at the estate rather than the individual heirs. Under California Probate Codes §9050 and §9051, the personal representative […]
What Is a Breach of Fiduciary Duty Lawsuit?
A fiduciary duty is a legal obligation that one party has to another to act in their best interests. This duty is typically seen in relationships where there is a power imbalance, such as between the trustee and beneficiaries of a trust or an executor and the beneficiaries of an estate. When acting as a […]
Does a Surviving Spouse Need Probate?
Executive Summary Introduction If your spouse has recently passed away, you may be wondering if you need to go through probate in order to inherit your deceased spouse’s property. The answer to this question depends on how your spouse’s property was titled and the value of your spouse’s solely-owned assets. For example, if you and […]
What Does Incapacitated Mean in a Will?
Executive Summary Introduction Being incapacitated indicates that someone is not able to care for themselves or understand the consequences of their own actions and decisions. Because of the limitations that an incapacitated person has, most state laws do not allow someone incapacitated to create, revoke, or update an existing will, trust, or beneficiary designation. For […]
What Is Considered Fraud In a Will?
Executive summary Introduction A trust instrument or last will and testament is often the most vital estate planning document. When you pass, your will guides the disposition of your property, assets, and wealth by allowing you to appoint a trusted executor to oversee your estate’s closing. Through this person, hopefully, your last wishes are accomplished. […]