Inheritance Issues Attorney in San Diego, California
In California, there are no estate or inheritance taxes. If an individual passes away with a will, the estate distribution is usually fairly straightforward. Unfortunately, obtaining an inheritance is not simple as it may seem.
Questions and disputes about an estate inevitably arise after a person’s death, even in cases where a will, trust, or other estate planning instrument has been created by the decedent. These disputes can arise between families and beneficiaries, a trustee or a fiduciary and beneficiaries, or between other parties involved. If you need help resolving your estate disputes in California, you can reach out to a credible San Diego estate planning lawyer like Attorney Vincent Casiano.
Why Do I Need an Inheritance Issues Attorney in California?
Estate planning, trust administration, and probate litigation can be stressful, especially when conflicts arise between family members and beneficiaries. When the inherited property is distributed, assets typically go to heirs as outlined in the deceased person’s will. Disputes can happen if heirs are surprised by what’s in a will, if they think assets are being unfairly distributed, or if they can’t agree on what to do with inherited property.
If you are facing a battle over inheritance issues, you don’t have to go through it alone. Our seasoned San Diego inheritance issues attorneys at Casiano Law Firm have helped numerous clients successfully overcome the obstacles to getting their inheritance. Attorney Vincent Casiano will represent you in probate litigation to get your rightful inheritance and resolve any disputes that may arise in the process. Contact our estate planning law firm now and schedule an initial consultation.
What are the Common Inheritance Issues in California?
It is not uncommon for inheritance issues and disputes to arise over the estate administration or trust administration process. Every inheritance issue comes with a unique set of obstacles. Therefore, if you are facing a challenging probate or trust situation, it would be advisable to seek legal advice from a reliable San Diego inheritance issues attorney.
Perceived Inequity of Allocation
The terms of a person’s will may be subject to change due to major family events. Generally, this can include setting up massively different inheritances for siblings or spouses. In addition, significant changes just before the person’s death can be a concern.
In some cases, siblings may fight if they believe that assets have been distributed unfairly or unequally. This situation can be particularly problematic when one of the siblings is made executor and will also be benefitting from receiving their portion of the inheritance.
Wrongful Acts Surrounding the Will and Probate Process
In addition to perceived inequity of allocation, some family members, relatives, or beneficiaries of the person with a will may have questions about whether or not there was undue influence by someone close to the deceased to coax them into making drastic changes to their will or trust.
Wrongful acts apply to situations where the deceased was financially mistreated. It happens when an elderly person is convinced to sign over power of attorney to a health care provider. Typically, this type of inheritance dispute requires the filing of a trust or will contest.
The Intentionality of the Decedent
One of the major issues that the legal system has in administering wills and trusts is that the person who made it is no longer present to speak on their behalf. Assessing their plans and intentions when they are gone can require the assistance of a competent San Diego CA inheritance issues attorney to ensure their wishes are honored.
How Can You Avoid Inheritance Issues in California?
Inheritance issues can arise due to long-standing family feuds, the unhelpful advice of significant others, or simply because there is a significant amount of money at stake. It can also happen if the heir and the beneficiaries can’t agree on what to do with inherited property or if they think that assets are not fairly distributed. These issues tend to cause irreparable rifts in families. Inheritance disputes can also tie up property and assets for years. However, with proper estate planning, you can reduce the risk of family inheritance issues.
Include a No-Contest Clause
If the testator is still alive, he or she can include a provision in the last will and testament saying that if any of the heirs contest the will, that particular heir will lose his or her portion of the inheritance specified in the will. This provision may prevent a beneficiary from contesting the will and using the estate in legal battles.
Communicate with Family Members
If the decedent chooses to leave certain assets to a specific beneficiary for logical or sentimental reasons, it is important to explain the reason behind such a decision to all family members. The testator must have open communication with family members about the estate plan.
Open communication may help family members understand why you plan to distribute certain assets to certain individuals, and why some beneficiaries may have been left out. It is important to avoid surprises during this process, so the testator being alive and explaining the decisions included in the estate plan may help alleviate hard feelings. You can do this either in person or in writing that accompanies the will.
Treat Children Fairly and Equally
Leaving children with unequal proportions of the estate can cause hard feelings between family members. This can make children feel that they are not loved as much as a sibling. This can also create friction in the sibling relationship and possible estrangement.
Update Your Estate Plan
It is best to continually update your estate plan, most especially after the occurrence of major life changes. Life changes like marriage, divorce, or the birth of a new child may make you reevaluate your estate plan to ensure it reflects your wishes and the needs of your loved ones. Not updating your estate plan can cause unintended results, such as leaving an ex-spouse an inheritance or leaving out a younger child completely.
Call Our Experienced San Diego Inheritance Issues Attorney Now!
Inheritance issues can increase the stress of losing a loved one. Family members may disagree on the correct way to handle the decedent’s estate correctly, which can create tensions and rifts. Sometimes, it may result in costly and time-consuming lawsuits.
Proper estate planning and communication with the family members before death can help prevent inheritance issues and disagreements. Consulting with our skilled San Diego inheritance issues attorneys at Casiano Law Firm will help resolve family disputes and reflect your estate planning interests. Attorney Vincent Casiano will ensure that your estate plan is set up to fulfill your wishes and keep your family together. He has extensive experience in handling various estate planning cases and navigating California inheritance laws.
Contact our estate planning law firm now and schedule an initial consultation.