While the debate continues about which is better to have, a will or a trust, it is essential to understand just how important it is to have a will at the very least. Believe it or not, 55% of Americans do not have any estate plan, let alone a will. And of those who do...
What is testamentary capacity?
A will allows people to make important decisions about their property and their legacy, but in order to do so they must have what is called testamentary capacity. If that capacity is in question, a will may not reflect your loved one’s true wishes. What is...
Identifying interested parties in will contests
One of the first questions that must be answered when a will is contested in California is who are the interested parties. And while this question may seem simple enough on the surface, it can be a complicated question to answer in some cases. In fact, the petitioner...
How to make a challenge to a will less likely
Some people who are creating an estate plan might be concerned that it could be vulnerable to challenges. There are ways to make a will contest less likely. First, people should not put off creating a will. The document should be made when there is no question about...
Am I allowed to contest a will?
When a parent, grandparent, or spouse passes away, it can be a stressful and emotional time. What can make it more painful is learning that their will either leaves you out entirely or doesn’t give you what you thought you were going to receive. You don’t want to seem...
