Estate Planning And Business Law In Napa Valley And Beyond

Q: I’m concerned about a family member of mine contesting my trust after I pass; what are some of the most common grounds for a trust to be contested?

A: There are several reasons a trust may be attacked or challenged as invalid, including: 1: Mental Incompetence: The grantor lacked the requisite mental capacity 2: Undue Influence: External pressure affected the grantor’s decisions 3: Forgery: The trust document is...

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Q: My grandfather promised me several times before he died that he would leave his house to me. He recently died and left a will naming my aunt as the beneficiary of his house. Is there anything I can do?

A: Possibly. If you have a claim to an estate or inheritance that is based on a promise or an agreement, then you can file a claim under Civil Procedure Code Section 366.3. However, be aware that the claim must be filed no later than ONE year from your grandfather's...

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Q: My husband and I want to create a trust, but we aren’t sure if we want more kids. If we create a trust, will we have to change it if we have more children?

A: No, your trust can be created to include any children you have now and any children that you may have in the future. Amending your trust in the future is an option if you want to change any of its provisions, but you can rest assured that it can be created...

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