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 …
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 …
Disinheritance is quite common. Spouses, children, stepchildren, adopted children, domestic partners, etc. can be disinherited in many states. Not surprisingly, disinheritance often leads to those disinherited contesting the will, trust, codicil or amendment that disinherits them. Whether you’re a disinherited child, a disinherited spouse, an individual seeking to disinherit someone, or someone who is involved …
Contingent beneficiaries, remainder beneficiaries, remaindermen, and secondary beneficiaries have rights to estate or trust assets, but those rights are contingent upon the inability to distribute the assets to the primary beneficiary. Here’s a guide. What is a contingent beneficiary? A contingent beneficiary – sometimes called a remainder beneficiary, a remainderman, or a secondary …
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 …
Undue influence and duress are frequently cited in probate and trust litigation. Both are used by abusers as a means to gain the favor of wealthy spouses and family members, with the goal of getting more estate assets. What is undue influence in wills and trusts? While undue influence can be cited in …
The #1 Difference Between Undue Influence and Duress Read More »
As a pretermitted child, you likely have legal rights to an estate inheritance. Here’s a simple guide to help you get started in the process to get your inheritance. What is a pretermitted child or omitted child? A pretermitted child simply is a child who was born to a decedent after the decedent’s …
As a pretermitted spouse, you likely have legal rights to an estate inheritance. Here’s a simple guide to help you get started in the process to get your inheritance. What is a pretermitted or omitted spouse? A pretermitted spouse simply is someone who married decedent after his or her will or trust was …
Most states allow for a parent to disinherit a child. Those that do not still allow for partial disinheritance. Whether fully or partially disinherited, a child may still have rights to their inheritance. They key is to prove the child was disinherited for unjustifiable reasons, the parent lacked capacity when they disinherited the child, the …
The Disinherited Child’s Guide to Getting an Inheritance Read More »
California Probate Code 850 (commonly referred to as a Heggstad petition) guides the legal process of avoiding lengthy court probate administration procedures by asking a court to order properties that should have been but were not titled in the name of a trust. A powerful, cost-effective tool, Heggstad petitions can save you time and money. …
The Guide to Probate Code 850 and Heggstad Petitions Read More »
Intestate succession refers to the process under California inheritance laws that details what happens to a person’s estate assets when that person dies without a last will and testament. California’s inheritance laws are straightforward and dictate how a loved one’s estate assets will be distributed after they pass without a will. Unlike a …