If you care for a California resident, you undoubtedly take your job seriously, whether your patient is a family member or someone you were hired to care for. Not surprisingly, many patients develop a close relationship with their caregiver and wish to leave them “a little something” in their will. If your patient indicates that (s)he is thinking of doing this, however, be aware that someone may challenge the will if that “little something” turns out to be a major bequest.
You have always done the best you can for your loved ones in California, and we at the Law Offices of Alice A. Salvo know that you want the best for them even after you are gone. That means taking whatever steps are necessary to ensure that your heirs and beneficiaries receive their inheritance as soon as possible after you pass on.
At the Law Offices of Alice A. Salvo in California, we realize that sometimes a will challenge is the proper thing for you to do. We also realize, however, that to win a will challenge, you must not only be an “interested party,” you must also allege the proper grounds. You cannot challenge a will simply because you believe the decedent should have named you in his or her will but failed to do so. In addition, you should know that the vast majority of will challenges fail, and your chances of prevailing in one are quite low.
You may not realize it, but California has a set of laws, called intestacy laws or laws of succession, that determine who receives your estate, and in what proportion, in the event you die without first making a Last Will and Testament. These distributions may have nothing to do with the way in which you wanted your property and assets to pass.
Under California law, your spouse and children are your natural and expected heirs. But what if you want to disinherit one of your children? Per lexology.com, you should never make this decision lightly.
It’s not uncommon for contentious fights to break out among families when it comes to inheritance issues. However, parents leave assets to their kids to help them, not to cause strife that can be both expensive as well as emotionally trying. While you can’t always prevent fights from occurring, AARP recommends the following advice to minimize the impact of estate disputes after you’re gone.
If you fear that your elderly, ill or disabled parent in California is developing too much reliance on his/her caregiver, you may wish to take preventative measures to ensure that (s)he does not change his/her will while under this person’s undue influence. As explained by a state bar association at its recent meeting, undue influence occurs when one individual assumes a power position over another individual and misuses that power to overcome the victim’s free will and substitute his/her own will.
You probably believe that you have the right to inherit from your spouse, domestic partner or parents when they die. While this is generally true, what you may not realize is that if a Californian dies without having made a will, (s)he dies intestate.
If you are a California resident who feels you were unfairly provided for or disinherited by someone’s will, you may be considering challenging it. Per A People's Choice, however, in order to do this you must be an interested party. This means that you must be either a family member of the deceased who would have inherited from him or her had there been no will or a non-family member who had reasonable expectations of inheriting from him or her.
As a beneficiary of a will in California you are not only entitled to the material wealth your loved one set aside on your behalf, but you are also responsible for carrying out their wishes as intended. However, you might encounter barriers to these processes in the form outside forces significantly diminishing the value of the estate.