Torrance Trusts and Estates Law Blog

A number of legal documents can make up an estate plan. However, the mere existence of these documents is not enough to constitute a satisfactory and efficient plan. In fact, any errors in the creation of these documents can render an entire estate plan invalid, thereby negating one's wishes for his or her estate. This is why many individuals turn to legal professionals for assistance. However, when issues with an estate plan arise, individuals need to understand the law and how it applies to their set of circumstances.

One way these issues arise is when an individual's testamentary capacity is drawn into question. In order for a will or trust to be legally valid, it must have been created by an individual who understood the gravity of the decisions made at the time, as well as the consequences of those decisions. Therefore, those who are under the influence of a substance or suffering from a mental illness like dementia may be deemed legally incapacitated for the purposes of creating an estate planning document. It is worth noting, however, that individuals are usually deemed competent to create a will or trust unless proved otherwise.

Many Californians who establish wills and trusts simply want their assets to be distributed in accordance with their wishes while avoiding conflict. This is especially true when loved ones are written out of an estate plan or assets are distributed in a lopsided fashion. In these instances, an estate planning document may be legally challenged. Sometimes beneficiaries, or those who thought they should have been a beneficiary, claim that a will or trust was created under coercion, duress, or undue influence. In other cases, a will is challenged on other grounds, such as failing to adhere to statutory requirements.

To avoid these disputes, Californians may be tempted to create no-contest clauses in their estate planning documents. These clauses essentially penalize a beneficiary in the event that they choose to take legal action to challenge the validity or accuracy of an estate planning document. California generally disfavors these types of clauses, but there are certain circumstances when they will be deemed enforceable. Knowing how to craft an enforceable no-contest clause can be crucial to successfully developing one's estate plan.

Considering your potential need for long-term care isn't an easy feat. After all, it requires you to consider the possibility that there may come a time when you are no longer able to adequately care for yourself. It can also be a financial challenge given that long-term care can be quite expensive.

Under federal and state laws, nursing homes must develop a care plan for every patient. To create a care plan, a nursing home gathers medical information and reviews each patient's health condition to determine the level of care needed and how best to provide it. An appropriate care plan will ensure that you receive the right kind of personal and health care services administered by appropriate staff members. The care plan will also ensure that your diet contains adequate nutrition to meet your needs, that you have equipment at your disposal to meet your needs, and that your nursing home services are provided with an appropriate frequency.

A trust can be a great way to protect assets for loved ones who are set to inherit them. Yet, the effectiveness of a trust is often left in the hands of a trust administrator. This person may be named by the individual who created the trust, or he or she may be appointed by the probate court. Either way, the trust administrator, also called a trustee, carries a heavy responsibility that often comes under close scrutiny.

Trust administrators are considered fiduciaries, meaning that they have a duty to act in the best interests of named beneficiaries. Therefore, in some cases beneficiaries claim that trust administrators fail to properly invest trust assets in a way that further the beneficiary's best interests.