What Happens to My Assets If I Become Incapacitated?

It should be noted that a living trust can provide provisions that indicate how to handle your estate, should you become incapacitated. For example, if you suffer from an illness or injury that renders you unable to make decisions for yourself, whether medical or financial, your loved ones may need to sell your assets to pay for your medical care. If your assets are titled in the name of your trust, the trustee can utilize their power to sell your assets to pay for the necessary care you need. This scenario would not be possible if you only had a will because a will is only applicable if you die.

Why Hire a Lawyer to Write a Will?

In California, there are only a few elements that are needed to make a legal will. Although an attorney isn’t one of them, if you make a mistake when writing your self-made will, it could be discredited following your death. Nonetheless, the necessary components of a valid California will are as follows:

• The testator must be 18 years old or older.
• The testator must handwrite the will, date it, and sign it.
• The will must have two witnesses sign an affidavit that acknowledges the mental capacity of the testator. They must also be present at the time the testator signs the will.

Undue Influence

In some cases, these laws could be the perfect opportunity for someone to take advantage of an individual, such as an elder. For instance, if a caretaker of an elder pressures a testator to write a will bequeathing all their assets to the caretaker, and has two witnesses attest to the mental capacity of the testator, it could cause problems when the will goes through probate.

For anyone in this situation, having an attorney guide you through the will process can avoid problems in probate if undue influence is suspected and the will is questioned.

Defective Trusts and Wills

Once you pass away, there will be no way to correct mistakes or errors made in your will or trust. Having an estate planning attorney look over your documents is the responsible way to avoid problems for your beneficiaries. If you go to the trouble to write a will, make sure that it's seamless and will hold up in probate court without room for dispute that could necessitate trust litigation.

Contested Accountings

Sometimes, a beneficiary may need a probate attorney when they must dispute the handling of an estate. Under California law, estate administrators, trustees, and executors must provide statements of financial transactions to beneficiaries. If an executor fails to supply a beneficiary with an accounting, or the accounting is questionable, there may be an actionable claim against the trustee or executor. When assets are mishandled, a probate lawyer can be very useful in discovering the truth about your loved one's estate. These focused attorneys are well-versed in probate law and know how to analyze the rules, limits, statutes, and other procedures of probate court when disputing and defending a legal document in probate.

Probate Attorney Services

Many people think that probate attorneys merely write wills and submit them to the court for probate. However, when someone needs to protect their assets, a probate attorney can provide many other legal tools, such as a living trust. These types of strategies can protect vulnerable assets from creditors and legal claims following the passing of the trust owner. Speaking with a knowledgeable probate attorney who can review your assets and advise you on the safest options to protect them is a smart move.

Seeking a Reputable Temecula Probate Attorney

If you think that your loved one's estate was mishandled, or assets were not properly reported in the accounting you received as a beneficiary, a probate attorney can represent your interests. If you are looking to protect your assets via estate planning, and want to avoid trust litigation for your beneficiaries after your passing, Sweeney Probate Law knows how to make that happen for you. No matter what your probate needs, you can find your way through Temecula probate court much quicker with the help of our experienced law firm. Contact Sweeney Probate Law today for help with the probate process.