Does a Will Have to be Probated in California? What Constitutes a Will? The contents of a typical will could include: *The deceased’s real estate holdings *Stocks and bonds *Cash or cash accounts *A life insurance policy *Pension benefits, death benefits *Personal belongings *Bank account funds or funds with any financial institution, and retirement accounts. Probate is legal term that refers [...] By Sandra McCarthy|June 7th, 2015|Estate Planning|Comments Off on Does a Will Have to be Probated in California? Read More
Elder Abuse, Caregiver Theft, Fraud, and Financial Crimes Against the Dependent Caregiver fraud is [...] By Sandra McCarthy|March 22nd, 2015|Estate Planning|Comments Off on Elder Abuse, Caregiver Theft, Fraud, and Financial Crimes Against the Dependent Read More
The Basics of a Limited Conservatorship A limited conservatorship in California is when a court has appointed someone to oversee the care of an adult who does not have the ability to fully take care of themselves. If an adult is caring for another adult with special needs, the caregiver can ask a court of law to appoint him or her as a conservator of [...] By Sandra McCarthy|November 24th, 2014|Estate Planning, Probate|Comments Off on The Basics of a Limited Conservatorship Read More
Disinheriting a Family Member There are several reasons a person could feel a need for disinheriting a family member. There may be family arguments leading to estrangement, financial reasons, or even to protect one child over another. When someone decides to disinherit a family member such as his or her spouse or children, they need to do more than simply leave them [...] By Sandra McCarthy|September 5th, 2014|Estate Planning|Comments Off on Disinheriting a Family Member Read More
No Contest Clause in California Wills A will is meant to be the last word on how one wants his or her property to be disposed of upon their death. However, it is often difficult to please everyone with the way the property is divided. There may be a person in the deceased’s will who feels he should have received more [...] By Sandra McCarthy|August 29th, 2014|Estate Planning|Comments Off on No Contest Clause in California Wills Read More
Who Can Contest a Will in California? You can contest a will in California based on the way it was created or executed, and based on the circumstances under which the will was made. In terms of legal formalities, wills are required to be signed by the person making the will, as well as two witnesses. In the case of a holographic [...] By Sandra McCarthy|August 8th, 2014|Estate Planning|6 Comments Read More
Conservatorships in California If you have an elderly family member, you may be concerned about his ability to care for himself as he gets older. California law allows an adult to apply or be appointed to take care of another adult who cannot care for himself through a legal process called conservatorship. The person taking care of the [...] By Sandra McCarthy|July 18th, 2014|Estate Planning|Comments Off on Conservatorships in California Read More
How to Make a Will in California: Types & Requirements One of the most basic forms of estate planning is preparing your will. A will can be extensive and cover every detail of dividing your property, naming guardians for minor children, and executors for your will. Alternatively, it can be a simple document dealing primarily with property distribution. If you have a living trust, having [...] By Sandra McCarthy|June 2nd, 2014|Estate Planning, California Courts, Probate|Comments Off on How to Make a Will in California: Types & Requirements Read More
How to File a California Spousal Property Petition A California spousal property petition can transfer community and separate property to a spouse after death. If assets are not in the name of both parties, the court may need to confirm a spouse's right to the decedent's interest. A California spousal property petition will establish this spousal interest. By Sandra McCarthy|April 19th, 2014|Probate, Estate Planning|Comments Off on How to File a California Spousal Property Petition Read More