Category: Estate Planning
-
Contesting a Will or Trust in California
Contesting a will or trust in California means asking the probate court to invalidate the document or one of its terms. The law recognizes six grounds: forgery, lack of due execution, lack of capacity, undue influence, revocation, and disqualification of a beneficiary. Most family challenges run on undue influence. A will or trust dispute often…
-
Competency Test For Wills and Trust
Competency (or capacity) to make a will or trust is a foundational concept in California estate law. Questions about whether someone had the mental ability to understand and execute these documents are at the heart of many legal disputes. These allegations of incapacity can call an entire estate plan into question, leading to drawn-out litigation…
-
What is a Codicil to a Will
A codicil to a will is a legal document that is used to change, clarify, or revoke part of a previously executed will without drafting a completely new one. Think of it like a formal “edit” to your original will that maintains legal force, as long as it’s properly executed under California law. When is…
-
Assembly Bill 2016: A Brief Explanation
Estate planning in California is getting a major update thanks to Assembly Bill 2016 (AB 2016), which was finalized on August 29, 2024, and takes effect January 1, 2025. This bill brings long-overdue modernization to how small estates are handled after someone passes away—making the process faster, clearer, and far more accessible for families across…
-
Everything You Need to Know About Wills
A will aka A Last Will and Testament is a foundational part of any estate plan. It ensures your assets are distributed according to your wishes, protects your loved ones, and provides peace of mind. However, it does have its limitations. Therefore understanding how a will works is essential to ensuring your is not contested…
-
Will vs Trust: What’s the difference
Estate planning is a critical process that ensures your assets are distributed according to your wishes after you pass away and the two primary tools used in estate planning are wills and trusts. Although they serve similar purposes, they function quite differently and offer unique benefits. Understanding the difference between a will vs trust is…
