The Washington Post reported recently the Internal Revenue Service has “intercepted” hundreds of tax refunds to repay decades-old debts. What is disturbing is that these are not debts owed by the taxpayers, but by their long-deceased parents. The IRS claims that in the past, families of deceased Social Security beneficiaries…
Articles Posted in PROBATE
Failing to Leave a Will Can Cause Confusion Among (Alleged) Heirs
Many people fail to make a last will and testament because they simply assume their heirs, such as a spouse or child, automatically inherit their property under the law. While it is true the law provides for persons who die intestate-that is, without a will-it is never a good idea…
Florida Justices Warn of the Dangers of Estate Planning Without an Attorney
Many people think they will save time and expense by using pre-printed forms to meet their legal needs such as a last will and testament. But pre-printed forms carry significant risks, especially when individuals fill them out without obtaining the advice of an experienced California estate planning attorney. In fact,…
The Importance of Funding a Living Trust
A living trust is a useful estate planning tool that can help avoid extended probate proceedings after your death. Basically, a living trust is an entity you create and transfer property into through a declaration of trust. This declaration specifies how the property within the trust should be distributed after…
Never Wait Until the Last Minute to Make a Will
Ideally, estate planning is something you do long before it becomes necessary. It is never a good idea to wait until you are on your deathbed to make a will. You may run out of time before you can execute a will that meets with the legal requirements of California…
Family Heirlooms Can Lead to Family Litigation
We often read stories about heirs fighting over a deceased relative’s multimillion-dollar fortune. But some estate disputes arise over seemingly trivial matters. The common thread in many of these disputes is insufficient direction from the deceased person’s estate plan. A One Hundred Dollar Case Recently, the Supreme Judicial Court of…
$4.2 Million Judgment, Lack of Proper Probate Lead to Family Feud
Court judgments are an asset that must not be overlooked as part of your estate planning. For example, if you are receiving the proceeds of a personal injury lawsuit, that is an asset you must factor in to your will or trust. Similarly, if any litigation is pending at the…
Striking Oil Prompts Lawsuit Over Long-Dormant Estate
Many people do not bother to create a will because they don’t have much property. Why go to the trouble and expense when you own so little? But a will-and estate planning in general-isn’t just about what you own today, but what you might own in the future, and failing…
What Happens If I Accidentally Sign My Spouse’s Will?
It’s common for spouses to execute a joint estate plan, signing their respective wills at the same time under the advice of the same estate planning attorney. What’s uncommon is when the spouses inadvertently sign each other’s wills. While it may sound ridiculous that such an error would go unnoticed,…
Presumptions Regarding a Lost or Missing Will
A last will and testament is an important legal document. It is not something that should be drafted or signed without careful consideration. And once a will is signed, it’s essential to keep the original in a safe place where it may be located after the person’s death. As a…