What Pitfalls Can an Estate Planning Attorney Help You Avoid?

The reasons for using a San Jose estate planning attorney are numerous, but the main reason is to avoid problems or legal entanglements of which you are possibly not aware. For example, one estate planning tool may be to create joint ownership of assets, which California statutes refer to as joint tenancy. When a husband and wife establish joint tenancy, the legal term used is tenancy by the entirety. Joint tenants, share equal ownership of the property and hold the property under the same title. When one person dies, the other has rights of survivorship and the remainder of the...

Satisfying Expectations By Drafting A Valid Will In California

A will may be contested in court for a host of reasons, whether due to a testator’s lack of capacity at the time the will was executed, or due to fraud, undue influence or mistake. A California estate planning law firm assists clients in drafting wills and litigating issues related to will contentions. Possessing testamentary capacity at the time of execution Under California Probate Code §6100, an individual must be at least 18 years-old and of sound mind to form a will. Additionally, the Probate Code §§6110-6113 requires a will be signed by the person creating the will, known as...

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