Darling & Wilson, PC Legal Blog
Does a Totten trust have to go through probate?
There are many types of trusts that can be used in an estate plan. Examples include special needs trusts, spendthrift trusts and discretionary trusts. Often, funds will be set aside for a specific beneficiary, but a trustee will be assigned to authorize distributions...
What does a diagnosis mean for your estate plan?
If you receive a significant medical diagnosis, your first step is likely to work with your medical team to consider different care options and your prognosis for recovery. But it can also have an impact on your estate plan. It is wise to consider some of the ways...
Can California businesses still use restrictive covenants?
Restrictive covenants can serve as powerful additions to modern contracts. Instead of imposing obligations on either party, restrictive covenants instead aim to prevent certain types of conduct. Noncompete agreements are popular among employers when hiring workers who...
How a new California law helps more estates avoid probate
The total value, or size, of a person’s estate can make all the difference in how complicated it is to administer after they’ve died. Part of the reason for this is that it can affect whether it has to go through the formal probate process. People often use estate...
Have most people already written a will?
You may be thinking about writing a will this year. You know that it is time to get an estate plan in place, and a will is the first step that you want to take. You can then add other documents like powers of attorney or other advance directives. But as you begin this...
Do you need to have a will reading to start probate?
You may have been anticipating a will reading to get the probate and estate administration process underway. Maybe you have seen movies where the family all gathers after a loved one’s passing, and someone reads them the will. It can make for a dramatic moment as...
3 benefits of drafting an advance health care directive
Adults generally have the legal authority necessary to establish estate plans. They can draft wills and fund trusts. They can also plan for potential future emergencies. Unmarried and divorced individuals, adults preparing for retirement and those facing major medical...
Life events that mean it is time for an estate plan
When many people make an estate plan, they are often aware that they may need to update it over the course of their lives. They look for key life events that mean it is time to make a significant change. But for those who do not have an estate plan yet, these life...
Undue influence is a form of manipulation
One common challenge to estate plans, which can often lead to extensive conflict or litigation between beneficiaries, is undue influence. This is essentially a claim that someone manipulated the person who was writing the estate plan so that they would make changes to...
What are California’s rules for will witnesses?
Wills are powerful and potentially valuable legal instruments. Testators drafting documents or updating wills that they drafted elsewhere may need to learn about California's unique rules. Witnesses are an important part of the estate planning process. They can help...