Guide to Mental Capacity and Determining Incompetence

Guide to Mental Capacity and Determining Incompetence

If you’ve been declared as mentally incompetent or are being subjected to a conservatorship proceeding you feel is unwarranted, you can hire an attorney to try to have the conservator’s appointment reversed. ... Read more »
How to Recover a Stolen Inheritance

How to Recover a Stolen Inheritance

This generally will depend on the firm, the nature of the case, and how much money is at stake. As an example, if clients have a weak case or if the amount... Read more »
Does a Life Estate Override a Will?

Does a Life Estate Override a Will?

Yes, because Medi-Cal typically doesn’t regard a home as a recoverable asset if someone retains a life estate in it. It generally is shielded from Medi-Cal recovery, even if the applicant moves... Read more »
Does a Will Override a Trust?

Does a Will Override a Trust?

Yes and no. In community property states like California, a spouse is only entitled to dispose of their 50% share of the community property in their will. If they dispose of more... Read more »
What if the Executor Does Not Probate the Will?

What if the Executor Does Not Probate the Will?

If probate has not been filed, then assets cannot legally be transferred from the estate to beneficiaries/heirs. If assets are handed out to beneficiaries/heirs anyway, then they may have to eventually be... Read more »
How Long After a Person Dies Will Beneficiaries Be Notified?

How Long After a Person Dies Will Beneficiaries Be Notified?

When someone dies, interested parties must be notified and provided with copies of their estate planning documents (if any exist). Without proper notification or copies of estate planning documents, it will be... Read more »
Are Beneficiaries Entitled to a Copy of the Will?

Are Beneficiaries Entitled to a Copy of the Will?

It depends. Although an executor must always prioritize the beneficiaries’ best interests, their primary responsibility is to administer the deceased person’s estate according to the terms of their will. In other words,... Read more »
How Long Do You Have to Contest a Trust?

How Long Do You Have to Contest a Trust?

If you are planning to contest a decedent’s trust, there is a lot you will need to consider.  For one, you will need to verify you have legal standing to contest the... Read more »
How Long Does It Take to Get an Inheritance?

How Long Does It Take to Get an Inheritance?

How long does it take to get inheritance money? This often is the burning question on the minds of beneficiaries after learning a decedent left them an inheritance. Although timelines can vary,... Read more »