Personal Representative Duties It is important for people in San Diego to execute wills. Wills allow people to direct who will receive their property after they pass away. This is not something people like to think about, but death is inevitable and people cannot...
Trust And Probate Litigation
Who can challenge a will?
Who can challenge a will? When a San Diego area resident passes away and has a will most assume that their wishes will be honored, and the estate will be settled as the deceased wanted. But there are circumstances that arise in which this is not the case. Sometimes a...
What Does Probate Mean?
What Does Probate Mean? The idea of probate litigation can be scary, and indeed, that fear is warranted. After all, when probate litigation ensues, it is a complicated court process, just like any other litigation. Though, demystifying probate can alleviate some of...
Things to Consider When Contesting a Will
Contesting a Will A will is a legal document outlining a deceased person’s wishes after they die and how their assets will be distributed to their beneficiaries. Some beneficiaries will receive specific requests and others will obtain remaining assets divided up as...
Why are some wills challenged in probate?
Many San Diego residents attempt to take some control of the disposition of their end-of-life estates by creating estate plans. Estate plans can be made up of various testamentary documents, including wills. Wills are unique legal documents that can outline many...
What happens when a person has more than one will?
Having a will is a good way to communicate one’s testamentary wishes to their family and loved ones. A will is a device that a Californian can use to share what property own and to whom they wish to give it when they die. Through a will a person can also name a party...
When can a will be contested?
There may be certain situations when a family member wishes to contest a will. For that reason, family members and others wishing to contest a will should know when they may be able to do so. Testamentary capacity Testamentary capacity is needed to enter into a will....
Litigation pending in estate dispute over NFL team
Estate disputes are unfortunately common in San Diego and throughout California. This could be due to disagreements as to how property is allocated, questions as to the structure of a will or trust, or allegations of wrongdoing. Some cases are noteworthy and end up...
Testamentary capacity important when litigating a contested will
Estate planning is an important process that many California residents take part in to prepare for the ends of their lives. When a person dies, the assets, property, and liabilities that they held must be evaluated and distributed according to any testamentary wishes...
Planning the right approach to probate litigation
For many San Diego residents, the probate process can seem like one of the most mysterious parts of the legal system. They know that this is a process that usually needs to be completed when a loved one dies, but oftentimes they have no idea how the process actually...