How to Choose the Right Guardian for Your Children In Case of Death
A parent’s first responsibility is to secure the health and wellness of their children. Still, many parents delay the decision to appoint a legal guardian for their kids in case of incapacitation or death. While death, illness, and other situations are cumbersome topics that many people avoid, they are important to consider. Passing away and leaving behind minor children is something no one wants to consider. However, the consequences of not making guardianship plans can have long-term, devastating consequences. For example, your child may be sent into foster care and have an uncertain future. Planning for the care of their ... Read More
The Process for Contesting a Will or a Trust
At time of death, a will describes which person will manage the settling of the estate, an executor, and who should receive any inheritance. A revocable living trust does the same thing with the significant exception that it avoids Probate in California. For many reasons, beneficiaries can feel slighted by what they did or didn’t receive, and some individuals are entirely excluded from inheriting anything at all. The legal process of challenging the validity of a will or a trust is called a "contest." A contest can be an extremely expensive and stressful process for those seeking to defend the ... Read More
Considering Co-Successor Trustees? Consider This…
When we’re discussing estate planning with folks, one question almost invariably comes up. Can I designate more than one person as my successor trustee? It’s a great question, and one that warrants significant thought. Aside from dictating who you wish to inherit the assets you leave behind, the designation of your successor trustee (“executor” in last will jargon) is probably the most significant decision you’ll make when establishing an estate plan. Ideally, your designation will establish your first choice and will be augmented by at least one alternate designee. In the majority of cases, trustors (the person or people creating ... Read More
