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September 2017 Archives

When does a no-contest clause not apply to a will challenge?

People often put no-contest clauses in their wills because they don't want their family members or others fighting over what they see as an unfair division of assets. These clauses may state that anyone who contests a will and tries to invalidate all or part of it is disinherited completely.

Late actor's family battling over terms of trust, prenup

Less than a year after the sudden death of Alan Thicke, the popular actor's two sons are embroiled in a legal battle with Thicke's widow over his living trust and the terms of his prenuptial agreement with his third wife. The 69-year-old, perhaps remembered by most people as the affable dad on the 1980s comedy Growing Pains, suffered a ruptured aorta while he was playing ice hockey in Burbank last December.

Handling sibling conflict when you're the favored heir

Just because you prepare a will and other estate plan documents that are legally valid doesn't mean that there won't be conflicts among heirs, including siblings. If parents leave their home, for example, to just one of their children, the others may be hurt and angry.

Inheritance is not a birthright: Your estate plan is the law

When it comes to inheritances and estate plans, if the person who dies creates a legally valid estate plan, then this plan -- in conjunction with California law -- will dictate the dispensation of the estate. It doesn't matter if you're the wife, the son or the lover of the decedent, you are not entitled to receive anything that the estate plan and the law do not assign to you.

Circumstances in which a home can be placed in a trust

One of the more common estate planning questions that clients ask about trusts is whether their home can be placed into it. You can continue managing your assets if you place them into a family or living trust. However, there are certain conditions that must be met to do so.

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