When is the Right Time to Talk to Your Kids About Your Estate Plan
Conversations about estate planning, particularly wills, can be emotionally charged. Yet, having open, honest discussions with your children about your plans is one of the most meaningful gifts you can give them. It ensures your wishes are understood, prevents misunderstandings, and reduces potential family conflicts down the road. At Botti & Morison, we take a team approach to estate planning. We aim to help families navigate these discussions with clarity, compassion, and confidence. Here are some tips to guide you as you talk to your kids about your Estate Plan: Choose the Right Time and Place Timing is everything. Select ... Read More
Is a Handwritten Will Valid in California?
A handwritten will is also known as a “holographic” will in California. Under California Probate Code Section 6111, holographic wills are considered valid even if there are no witnesses. The statute also specifies the following information: (a) A will is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator. (b) If a holographic will does not contain an execution date and: (1) If the omission results in doubt as to whether its provisions or the inconsistent provisions of another will are controlling, the holographic will is invalid to the ... Read More
Why Parents Should Consider an Estate Plan for Their “Adult” Children
In most states, when your child turns 18, it might be hard to imagine that little child who once needed you for everything has now become – overnight – an adult. Now your child is free to vote, marry, apply for a credit card, make medical and financial decisions, sign contracts, and live independently. No wonder the law calls this coming-of-age “emancipation.” But if your adult child is hurt in an accident and needs somebody to make critical medical decisions, you cannot be the one to do that without your child having named you as an agent under an Advance ... Read More
How to Avoid Family Disputes and Litigation Over Your Will
Estate plans are created to ensure family members will be provided for after a loved one passes away. Unfortunately, despite the decedent's best intentions, disputes involving a family inheritance often erupt in many cases and cause division. Family disputes regarding estate planning can be caused by several issues. On the death of a relative, a dispute can arise if one family member is left out of the will while others inherit. Disputes can also arise amongst siblings if a parent passes away and not all children receive equal benefits. You can't guarantee everyone involved will agree on every aspect of ... Read More
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
