Lafayette Estate Litigation Blog
Handling will disputes as an executor
When a family member names you as the executor of his or her estate, you have a responsibility to act in accordance with his or her wishes and California state law. But what happens when a dispute arises among two or more beneficiaries? Take these steps to manage...
What are some of the common financial scams against the elderly?
The fact that some people will deliberately target senior citizens in financial scams may seem shocking and unbelievable to you. Only those who are especially malicious and depraved would try to fraudulently separate elderly people from their money, you may think....
What should you know before suing an estate administrator?
If you are an heir of someone’s California will and are unhappy with the way in which the estate administrator is taking the deceased’s estate through probate, can you sue him or her? The answer to that question is yes — but only under certain circumstances. You...
Who can contest a will?
In California, there are certain laws in place that prevent just anyone from contesting someone’s will. However, there are also situations in which individuals with the right to contest may step up and do just that. FindLaw states that there are basic probate laws...
What is undue influence?
Californian residents who are dealing with matters of the estate should know that determining whether or not a will is valid isn’t always a straightforward task. We at Pedder, Hesseltine, Walker & Toth, LLP, will discuss undue influence and its potential role in...
4 elements of undue influence in California
Many states do not have specific statutes or definitions regarding undue influence regarding estate planning. However, according to the American Bar Association, California recognized that lack, and two research studies subsequently revealed that although the term...
3 things to know about contesting a will
Sometimes the death of a loved one brings about turmoil. This is especially true if your family member had a large estate. People may not always be happy with the final wishes of the deceased, and this can lead to contesting a will. If you feel that you need to...
How can you spot problems with your chosen executor?
When you are setting up your estate plan in California, one of the most important things you choose is your executor. You can choose almost anyone to be an executor of your will, but you most likely want to choose a close friend of family member that you can trust....
What is financial elder abuse and who commits it?
According to MedicareAdvantage.com, elderly adults in the United States lose an estimated $36 billion to financial fraud, scams and exploitation each year. Though the numbers vary from source to source, experts suspect that an estimated 37% of American seniors have...
How do I recognize signature forgeries?
The vast majority of wills are accepted by courts without challenge. However, for various reasons, wills are challenged by family members or other beneficiaries of a decedent, usually because they suspect something is wrong with the will. In some cases, a will written...
