Author Archive
What an Estate Planning Attorney Can Do for You (Part 2)
In part one of this series, we discussed the importance of both saving and legally protecting your assets, especially in the face of economic uncertainty. Making the decision to plan for the future of your estate is not only responsible - it is essential.
Seeking the advice and services of a highly qualified estate planning […]
Pet Trusts: Instructions to Include in a Pet Trust
If the purpose of drawing up a pet trust is to provide specific instructions for the care and well-being of your pet in the event of your death or disability, it is important to consider the various categories you will need to address within that trust. In a statutory pet trust, the owner is […]
Pet Trusts: What is a Pet Trust?
You’ve included provisions in your will for your children, and you know that the estate or trust that you’re leaving behind will continue to provide for them after you are gone. But have you considered who will provide for your loving animal companion?
Traditionally, parents have made provisions for the long-term care of their children […]
The FDIC and Living Trusts: When You Have More Than Five Beneficiaries
In a press release sent by the Federal Deposit Insurance Corporation (FDIC), as of September 26, 2008, new rules apply to deposit accounts held in revocable trusts or living trusts, as well as payable-on-death accounts. These new rules are an attempt to simplify FDIC guidelines and promote consumer and investor confidence in our nation’s […]
No Contest Clauses in Wills - When a Creditor Files a Claim
A no contest clause traditionally consists of specific language included in a California will or trust that attempts to prevent any legal dispute against the will after the testator has deceased. A no contest clause, for the most part, does help to discourage legal disputes over a will, except in cases for which the […]
No Contest Clauses in Wills - Are They Enforceable?
When creating a California will, many testators seek to include legal language within it to deter any future disputes relating to the provisions of the document. A carefully drafted no contest clause serves this exact purpose, and states the testator’s direct and explicit wishes that his or her estate be divided exactly as instructed […]
No Contest Clauses in Wills - What Are They
A no contest clause is a clause that is commonly included in a person’s will in order to discourage any attempt to legally dispute the provisions of the will after the testator is no longer living. For various reasons–ranging from forgery to the discontent of disinherited family members–families of the deceased often seek to […]
No Contest Clauses in Wills - Exceptions to Enforceability
The practice of California estate planning often includes the creation of wills for distribution of property after the testator has deceased. Within many California wills, estate planning attorneys are asked to include a clause entitled a no contest clause, in which the testator attempts to discourage litigation to contest the will after he or […]
No Contest Clauses in Wills - Is Disinheritance Possible?
In California, it is common for testators to include a no contest clause in their will in the attempt to dissuade any future legal dispute over the provisions of the document. Such clauses generally state that if a beneficiary of the will decides to dispute any part of the will, that beneficiary will lose […]
No Contest Clauses in Wills - Recent California Legislation Makes Changes (Part I)
California Government Code 8280-8298 requires that the California Law Revision Commission uphold the responsibility to continually review the effectiveness and fairness of California’s law. From time to time, the Commission will review laws and suggest changes to more adequately and adeptly respond to the needs of California’s citizens. This is to ensure that California’s legislation […]
