Sadly forging a will in California probate and other probate court fraud does happen. No, I do not know of any specific situations but it happens. Sadly, the laws are sort of loose. For example, did you know you don’t need a death certificate to file for probate? Why is that?  It seems to me […]

So this blog is basically covering two topics in one title – What’s wrong with a Willmaker will and ending up in California probate Court!? First I want to be clear there is absolutely nothing inherently wrong with a Willmaker will or a Susan Orman will or a Legal Zoom will or any other such […]

I don’t know if my mom or dad had a will – what do I do?  I have been asked some version of this question countless times over the years. A recent one was something like, “my brother is living in dad’s house, he says dad gave him everything, I don’t know if there is […]

I have been practicing law since 1994. I have been extremely focused on the areas of estate and probate law during that time.  Through those years I have a number of clients who have property in other countries. Usually we agree that they will talk with an attorney in the other country.  As you might […]

I often tell people that it MIGHT work out fine if they do their own will. Of course it might not. I like to tell people that we’ll find out after they die! Well, a recent Florida case emphasizes this sentiment.  The Supreme Court of Florida recently heard the case of James Michael Aldrich v. […]

I met with a client this week who proudly showed me her old will. It was a fine legal document. It left her assets to her husband and then her kids. It set up a guardian for the kids. It named an executor. It was a fine will. As she pointed out there was a […]

There are several ways to revoke a will in California. It’s extremely important that these methods are carefully followed as failure to revoke a will properly means the old will is stiff in effect! 1) WRITE A NEW WILL. It’s really simple to write a new will and in that will state “I revoke all […]

Unfortunately a lot of people misplace their will, and/or trust, before they die.  They know it’s important and thus hire a California estate planning attorney to draft the necessary documents.  After they sign their documents their lawyer often gives them the original to put in a safe place. Then what…. Well, that’s the $64,000 question […]

I just prepared wills for a young couple this week.  They have young children they want to protect.  They have modest IRAs, 401ks and life insurance.  However, they just can’t afford the expense of a living trust right now.  By preparing wills with “testamentary trusts” we have created an excellent estate plan that will protect […]

A simple will, or last will and testament, can really be simple.  It can distribute your personal property, real property, name a guardian for your minor children, name an executor for your estate and mention your last wishes for cremation or burial.  Everybody who has anything should have a will at least! You are running […]