When an individual is unhappy with the terms of another’s will, he or she may be entitled to challenge it in court. The four primary reasons that wills are invalidated in California are lack of testamentary capacity, undue influence, signature problems, and fraud.
If you have a family member or loved one with special needs requiring lifelong care and support, you may want to consider establishing a supplemental needs trust. The beneficiary of a supplemental needs trust will allow you to provide your loved one with financial assistance without putting them at risk of losing critical public benefits.
Wills are an important part of the estate planning process. A will allows its maker, known as a testator, to accomplish a number of things, including leaving property to people or organizations.
An often overlooked, yet very important part, of estate planning is incapacity planning. There may come a time when you become incapacitated and are unable to communicate. It doesn’t matter what your age or health may be. Accidents happen and sudden illnesses develop. Put a plan in place now so that, should you ever become incapacitated, your loved ones and doctors will be clear on your wishes.
Many people’s conception of wills and how they are administered derives from TV dramas where someone in a musty room reads the will and gasps arise from those who feel left out or cheated. As much as TV dramas are entertaining, they’re not really what happens when a person dies with or without a will.
