Undue influence refers to the act of using extreme persuasion to cause another person to avoid using his or her best judgment or free will to cause an inequitable result. Though undue influence applies in all aspects of contract law, the first time you may hear the...
San Jose Estate Law Blog
Some details about contesting a will
A properly executed will remains the foundation of estate planning. Even with professionally prepared will and trust documents, disputes can arise and result in estate litigation. In California, interested parties have a deadline of 120 days to file a will...
Examples of a breach of fiduciary duty
When a person chooses someone to be the executor of an estate, this person is placing a lot of confidence and trust in the executor. An executor's job is to manage the estate and distribute assets of the decedent. An executor has a fiduciary duty, which the Cornell...
Plan ahead for medical care with a living will
If you are young and healthy, or even at an advanced age and healthy, you may not be spending too much time thinking about medical care in the future. However, unexpected things happen, and it is always good to prepare for them. If it is important to be in charge of...
How often should you update your estate plan?
Most people assume that once they create their estate plan, they can set it and forget it. Not only is this not the case but also, “forgetting about” your estate plan can have adverse and costly consequences. New laws, life events, the accumulation or loss of wealth...
What documents should you have as a part of your estate plan?
While having an estate plan is the first step in the right direction when planning how you want to distribute your assets after you die, you cannot leave the estate plan once you finish it. According to the U.S. News, you must review your estate plans regularly. Once...
How to challenge a will
A person prepares a will to make it known how he or she wants to distribute assets upon death. In theory, everyone should accept what is in the will, as it is the decedent's wishes; however, there are valid reasons to challenge a will. According to the California...
The importance of the executor during probate
If you lost a loved one, you are probably wondering what the next steps are. Probate is the legal process that take place to ultimately transfer assets and close the estate. Probate consists of many steps and is not a short process in most situations. The executor...
How to involve your agent in your advance directive decisions
If you want to have a say in what medical treatments you receive in the event you are in an incapacitated state, you should prepare an advance directive. This legal document outlines procedures and treatments you want or want to avoid. You can also name an agent as...
When to consider estate planning
Deciding what to do about your estate can feel stressful, especially if you feel intimidated by the whole process. There can be lots of different things to think about, and you might not be sure whether or not it is right for you. The upside is that you do not need to...