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Posts Tagged ‘last will’

No-contest Clauses, Wills and Lawsuits: Why in Estate Planning Small Details Really Matter

When somebody dies with an estate plan and a last will in place, the deceased person’s assets usually pass to the heirs smoothly and swiftly. But every once in a while things go awry, and the courts get involved. So it happened with a case that the 2nd District Court of Appeal in Los Angeles filed in November, Estate of Dayan. The case hinged on a no-contest clause in the […]

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Responsibilities and Potential Pitfalls: What Does an Executor Do?

A friend or a relative just passed away, and you find out that she named you as the executor for her estate. My guess is that you react with a mixed set of emotions. You’re grieving over the loss, feeling honored by the trust placed in you and nervous about taking on the assignment. Questions come up: What exactly does an executor do? How much time will you need to […]

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Legal Standing and Grounds: Who Can File a Will Contest and Why?

As an attorney, I sometimes receive inquiries from potential clients who want to challenge the will of a recently deceased person. I invariably end up disappointing these people when I tell them that a will contest is not only expensive but also very hard to win. Why? To begin with, only a handful of people in any given case have the legal standing to file a will contest. Moreover, the […]

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Questions About Last Wills: Disinheriting a Relative

Do you squirm when you think about who will inherit your assets? The grandson who should be studying but is dealing drugs instead? The daughter, a writer, who just published an all-secrets-revealed book about your family? Or, if you don’t have children of your own, what about the brother who squandered your parents’ bequest in a heartbeat? Do these individuals really deserve a share of what you leave behind? Taking […]

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