Beneficiary Designation Disputes Attorney in San Diego, California
Estate planning is a legal process by which you decide how to manage and distribute your assets upon your death. You can accomplish this in many ways, including writing a will, setting up a trust, and beneficiary designations. The purpose of estate planning is to leave a plan that tells your family member or a loved one how to carry out your final wishes. You want to make sure that your estate assets are passed down to the people who deserve to inherit them.
Beneficiary designations are a common component of estate planning. However, there will be occasions where beneficiary designation disputes occur, and estate planning documents are contested. When this type of estate dispute arises, it is crucial to seek legal advice from our credible California estate planning lawyer at Casiano Law Firm. Call Attorney Vincent M. Casiano now and schedule a no-charge phone consultation to discuss how he can help resolve your dispute.
Why Do I Need a Beneficiary Designation Disputes Attorney in California?
Many people in California underestimate the importance of beneficiary designations while planning their estate. Generally speaking, the purpose of a beneficiary designation is to indicate who will receive the property or an asset upon the death of the estate owner. Unfortunately, the proper beneficiaries are not always named on the designation form.
Beneficiaries may require legal representation for several reasons, whether due to a disagreement or to ensure an understanding of the probate litigation or trust administration process. Regardless of the cause, the result may be a beneficiary designation dispute.
The outcome of a beneficiary dispute case could significantly affect your financial well-being and future. Therefore, you must work with a reliable beneficiary designation disputes attorney in San Diego, CA who has handled cases like yours in the past and isn’t intimidated by the possibility of litigation.
- At Casiano Law Firm, Attorney Vincent has extensive experience in successfully managing and resolving estate disputes related to the designation of a beneficiary, trust administration, probate litigation, and other estate planning concerns.
- He ensures that his clients are being treated fairly and that their legal interests as beneficiaries are being maintained.
- He is dedicated to protecting the estate’s value and the interest of a beneficiary in an estate, as well as monitoring the fiduciary’s administration of the estate.
- His legal team advocates for the rights of beneficiaries in San Diego and Southern California. He is here to help you every step of the way, getting through your beneficiary dispute and bringing resolution as quickly as possible.
Attorney Vincent will act on your behalf to work toward the best possible outcome in your situation. Contact him now and schedule a no-charge phone consultation to learn more about your legal options.
What Is Beneficiary Designation?
In estate planning, a beneficiary designation refers to the person the decedent named, usually through an estate planning document, as the recipient of a specific asset upon their death. It is a useful tool for avoiding formal probate proceedings and providing loved ones with quick access to estate assets following a loved one’s passing. The main purpose of naming beneficiaries to an estate plan is to ensure that these parties receive the full benefit of the assets.
Beneficiary designations tend to fall under one of two categories: payable-on-death designations or transfer-on-death designations.
Payable-on-Death Designation (POD)
A payable-on-death designation (POD) allows the named beneficiary of a deceased person’s estate to obtain ownership of the assets with a certified copy of the account holder’s death certificate and a valid form of identification. The following are examples of common assets that may have PODs.
- Personal savings or checking account
- Certificate of deposit
- Life insurance policy
Transfer-on-Death Designation (TOD)
A transfer-on-death designation (TOD) transfers ownership of an asset to a beneficiary with a certified copy of the asset owner’s death certificate and a valid form of identification. The following are examples of assets that may contain TODs.
- Investment accounts (standard brokerage accounts)
- Education accounts
- Retirement accounts (IRAs)
- Real estate
Beneficiary designations allow certain financial assets to pass directly to your heirs, skipping the probate process. These assets include retirement accounts, life insurance policies, and savings or checking accounts. For many families, these assets could account for a significant amount of an estate. A knowledgeable beneficiary designation disputes attorney in San Diego, CA can help you understand the importance of beneficiary designation in estate planning.
When Do Beneficiary Designation Disputes Occur?
Any errors made on beneficiary designations can cause big problems. Depending on the facts and circumstances, an action to challenge a beneficiary designation will be initiated in either a civil court or probate court. Beneficiary designation disputes arise in the context of marriage, divorce, or family feuds. These disputes are usually based on assertions of undue influence, fraud, forgery, or a lack of mental capacity.
Beneficiary designation disputes occur when a beneficiary designation is challenged by an interested party, such as an estate or trust beneficiary, an executor/trustee, or when a beneficiary designation contradicts the terms of a will or living trust. Furthermore, disputes may also arise out of an estate owner’s failure to update his or her beneficiary designation. Documents are often signed during a marriage but not updated after the divorce.
If you fail to keep your beneficiaries up to date or make a mistake in documenting them, someone other than who you intended may receive your assets. When this kind of dispute arises, a beneficiary designation disputes lawyer in San Diego, CA can help you take legal actions to ensure the asset ends up in the hands of the beneficiary whom the asset owner had intended.
Call a Seasoned Beneficiary Designation Disputes Attorney Now!
Choosing and reviewing beneficiary designations is an important part of estate planning. However, there are times when a beneficiary designation may not be clear or was never properly processed. Once you have signed your estate planning documents, you need to make sure your beneficiary designations are consistent with the rest of your estate plan to avoid disputes.
Contesting a beneficiary designation is a complex and difficult process. Litigation can be time-consuming, costly, and emotionally exhausting. The legal assistance of an experienced San Diego beneficiary designation disputes lawyer at Casiano Law Firm is essential to provide you with the guidance, advice, and expertise required to contest a beneficiary designation in court.
Contact a San Diego estate planning law firm now and schedule a no-charge phone consultation with Attorney Vincent.