There are many assets that can pass from one person directly to another after they pass away – by making use of beneficiary designations. The owner of an account can list a beneficiary, who obtains ownership of the account without it having to pass through probate. This seems straightforward, right? However, there are some cases where a beneficiary designation could be disputed. When could families challenge designations? The situations in which families can dispute a beneficiary designation are very similar to those in which they can challenge a will under California law. Family members or in ..read more

As we have discussed in previous blog posts, the stress and pain of losing a loved one can place a significant amount of strain on a family. As emotions run high, it increases the risk of disagreements between family members – particularly when it comes to the deceased loved one’s wishes. Family members might have different interpretations of the will or your loved one’s desires for their memorial service. Families must approach such disagreement very carefully. Here are some helpful tips to consider to navigate these conflicts. 1. Have an open, nonjudgmental and empathetic conversation Commun ..read more

One essential detail of creating a will – or any estate planning document – is testamentary capacity. Put simply, this means that the person who creates the will must have a sound mind. This aspect can come into question if a loved one faces a dementia diagnosis. Your loved one and your family may face an additional level of stress in estate matters. What are the options? 4 steps to take to determine validity So, how can you and your family determine if their will is valid? There are a few steps you can take, including: Understand the timeline: Timing will be the key. When was your loved one d ..read more

There is no doubt that the aftermath of losing a loved one is overwhelming. You and your family may struggle with complex emotions – but will you have to navigate a complex legal process as well? In many cases, probate may be necessary in California to validate a loved one’s will and begin the administration of their estate. However, many families worry that probate is a complicated procedure. Is this true? Answer? It depends While there are particular rules to follow and steps to take in probate, the process is never the same. Probate could be complex, but it depends heavily on specific detai ..read more

The thought of probate can leave you and your family facing a lot of questions after the loss of a loved one. These may include (1) how does probate work; what needs to be done to start the probate process; (3) how long will it take; and (4) what assets are part of the probate and which assets are not? In California, there are simpler procedures to transfer assets that do not require probate.  But first you want to know “what assets are not included in the probate process”?  It helps to consider the following to determine whether a probate is needed or whether a simpler process would ..read more

Tax season is just around the corner. Many Californians are likely receiving their W-2s and other financial statements in the mail while preparing their strategies for April filing day. However, your tax filings may look different if you experienced significant life changes this year, such as getting married, having a child – or losing a loved one. How might a death in the family influence your taxes? Here is some critical information to know and how it may affect you. It is only natural to focus more on working through your grief after losing a loved one then concerning yourself about tax mat ..read more

As you age, it is only natural to become more forgetful. It is only when this forgetfulness becomes more frequent or even dangerous, that it becomes a concern for you and your family. You might worry that this increased forgetfulness could be a much larger issue – dementia. Here are some important things to consider. What are the symptoms to watch for? Forgetfulness is not the only sign of dementia of which to be aware. There are many other, unexpected signs as well. According to the National Institute on Aging, some of these signs include: Regular bouts of confusion Challenges comprehending s ..read more

If you have a will, it means that you must have two witnesses present when you establish it. This is a requirement, but this requirement serves a much larger purpose in probate. Here is the critical information you must know about the role witnesses play. Why witnesses are key Witnesses generally have two important roles: They can assure that the person who created the will was of sound mind when they did so They can provide statements to the probate court proving the will is valid Proving that a will is valid is a critical step in probate – in fact, it is one of the first items on the extensi ..read more

When a family member passes away, it is difficult to know how to move forward. Yet, it seems there are countless things you must do, all at once. Among all the uncertainty, there are three important things you must remember. Do not avoid your emotions Losing a loved one is one of the most difficult, stressful experiences you can face in life. The grief you feel may be overpowering, even debilitating. Many people might find it easier to suppress these complex emotions than actually feel them. While working through grief is different for everyone, it will help to deal with these emotions directl ..read more

As you may know, probate is the process of proving if a loved one’s will is valid before beginning the administration of their estate. There is often a lot of anxiety surrounding this process. However, some people might wonder if probate is even necessary. To determine the answer, it often helps to understand when it may not be a requirement. Here are some of the critical factors that will determine if probate is not required. The value of the estate In California, if the value of your loved one’s estate is less than $166,250, then the formal process of probate may not be necessary. Of course ..read more