A lot of estate planning is focused on distributing wealth upon an individual's passing. While this is certainly a significant portion of the estate planning process and there are a number of legal vehicles through which to achieve this, there are other matters that are of critical importance when creating an estate plan. One of them is long-term care planning, which often comprises of Medicaid planning and considering long-term care insurance. Yet, there is another issue that far too often goes overlooked during estate planning: health care decisions when incapacitated.
Wills, trusts and no-contest clauses
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.
