Right of Survivorship is a tool used in estate planning to protect the intent of a decedent regarding real estate property and other jointly held properties. Here’s a quick overview. Right of Survivorship Definition The right of survivorship refers to the legal right held by a joint tenant, often a spouse, to claim real …
Breaches of fiduciary duty and fiduciary abuses unfortunately are more common than you might think, especially in cases involving the elderly and the infirm. Fiduciaries are often granted broad powers over estate funds and assets, and may take advantage of their trusted position for personal profit or gain. If you suspect that you or a …
Undue influence in families is an act of abuse, often by heirs victimizing their elderly parents or other family members to increase their will inheritance or trust fund distributions. Undue influence can be actual or implied, and proving undue influence is the responsibility of heirs, beneficiaries, trustees of trusts, and administrators or executors of wills. …
To win a partition action can take anywhere from a couple of months to reach a settlement agreement to a year or more if it goes to a court trial. The vast majority of partition actions settle out of court, which reduces the time frame from filing to resolution, and makes funds and/or property available …
If you suspect a sibling is stealing from an estate or trust in which you are a beneficiary, you very likely need the protection of a trust litigation attorney. Unfortunately, sibling theft is an all-too-common occurrence. Fortunately, an experienced trust litigation attorney can usually help recover stolen assets, and quite possibly have your sibling disinherited …
Disinheriting a spouse can be a fundamentally simple – but realistically flawed – process: Simply ask your spouse to sign a contract (e.g. a prenup or postnup) wherein they agree to be disinherited — and to receive none of your estate assets. The challenge is obvious: Most of the time when the topic of assets …
What is the penalty for stealing from an estate? When an abuser steals from an estate, the penalty can be as little as simply returning the stolen monies or assets to the trust or estate. However, the California Probate Code does provide statutory bases for pursuing double damages, treble damages, punitive damages, disinheritance of the …
La muerte de un miembro de la familia siempre es señal de cambio. Las dinámicas familiares pueden entrar en territorio desconocido y las relaciones de toda la vida a menudo se ven forzadas a redefinirse. Incluso antes de que un ser querido fallezca, la conmoción emocional adherida a un patrimonio y activos familiares también puede …
Maneras comunes en las que un plan patrimonial se puede impugnar Read More »