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What Is Undue Influence and How Do I Prove It?
When a person passes away, it is not uncommon for heirs, beneficiaries, family members, or other interested parties to become suspicious of the decedent’s estate planning decisions. In some cases, a deceased person may have been subject to undue influence just before their passing—an act that can invalidate the will and any other affected estate planning documents. But what is undue influence? And how can you prove that your loved one was unduly influenced? Let's find out.
Understanding Undue Influence
In the realm of estate planning, undue influence refers to when someone manipulates another person into making decisions they would not normally make. This manipulation can be emotional, psychological, physical, or financial. It often occurs in instances where an elderly person or someone who is not mentally sound is taken advantage of by another party who wishes to gain control over their estate. In many cases, the victim may not even understand the implications of the decision they are making until after they have signed the document. If the person is manipulated, forced, or tricked into adding or removing certain provisions or beneficiaries, challenging the document could lead to the whole thing being invalidated by the court.
How a Special Needs Trust Can Help You and Your Family
It can be incredibly challenging to plan for a time when you are not around to care for your loved ones. However, facing this reality by creating an estate plan is one of the most selfless actions you can take. This is especially true if you have a child, sibling, or another close loved one who has a serious disability. If you have been responsible for caring for a loved one who cannot care for himself or herself, you may want to find a way of providing for him or her after you pass away. One way to do just this is through an estate planning tool called a special needs trust, also known as a supplemental needs trust.
Planning for the Care of a Loved One with Special Needs
A special needs trust or supplemental needs trust is an estate planning instrument that can be critically important to individuals who provide care for a disabled loved one. This instrument works by allowing the individual to place funds in the trust, which can then be used for the future care of their disabled loved one. A special needs trust allows you to put aside money for your loved one without affecting the disabled person’s eligibility for government assistance programs. Special needs trusts can be funded through gifts and inheritances or a lump-sum settlement. Without a special needs trust, money left to your loved one could potentially disqualify him or her from certain government aid programs.
Do I Need a Durable Financial Power of Attorney?
A power of attorney (POA) is a document that gives a person the legal authority to make decisions for you. A durable financial power of attorney is an important part of a comprehensive estate plan. With a durable POA in place, you can ensure that someone you trust will be able to manage your finances if you become incapacitated.
What Is a Durable Financial Power of Attorney?
A financial power of attorney gives another person the authority to manage your finances. The person you designate as your agent may have the power to address multiple financial issues, including paying your bills, depositing or withdrawing money from your accounts, and buying or selling property on your behalf. When a POA is "durable," this means that it will remain in effect if you are ever incapacitated, which may include any situations where you cannot make decisions for yourself or express your wishes to others.
Should I Include Funeral Planning in My Estate Plan?
Estate planning most commonly considers the property left behind by a recently deceased individual and how it should be disposed of, in addition to potential end-of-life situations and the care desired by the planner in the event of future incapacity. These topics can be challenging to contemplate, as they force the planner to contemplate their own mortality. Often overlooked is planning of a practical nature for how the family is to proceed in the immediate aftermath of the estate planner’s passing.
In California, there are legal mechanisms by which a person can effectively make arrangements for their own funeral services and the disposition of their remains. These topics can be even more difficult to contemplate, let alone establish concrete plans for. However, planning for funerary arrangements can not only keep important decisions in your hands but also provide significant benefits to your surviving loved ones. If you are able, it is prudent to make such arrangements during your own lifetime.
5 Ways to Leave Your Mark Using Your Estate Plan
Being forgotten is a common fear associated with death. Everyone wants to be remembered fondly long after they have passed away. Aside from the immediate financial benefits, a desire to be remembered can be a driving factor for those who have flocked to Los Angeles seeking stardom. Luckily, you do not need to make it as an actor or musician to leave a lasting legacy. You can use your estate plan to continue benefiting not only your descendants for generations to come, but the community as a whole. Charitable giving is a noble way to continue serving your community long after you have gone. Business owners may have additional opportunities. If you are interested in leaving your mark on your loved ones and Los Angeles alike, you should speak to an attorney about how you too can build a legacy using your estate plan.
Your Estate Plan Can Help You Leave a Lasting Legacy
No matter who you are in life, you can do real good in the world after death. Some ways that you can leave a lasting legacy in your estate plan include:
Is There a Way to Avoid Probate?
If you are asking this question, you have probably heard quite a bit about what going through probate is like - or you have been forced to endure the process yourself to settle a loved one’s estate. So you know that going through full probate is an arduous process. The fees and costs involved can seem astronomical, especially if you have to hire appraisers, fend off a pointless contest, or handle any of the other hurdles that can pop up during probate. You may now be wondering if there is a way that you can avoid putting your loved ones through probate in your own estate plan. Fortunately, there is. By using a living trust, you can bypass the probate courts entirely. Your beneficiaries will appreciate it - and there may be benefits of using a trust during your own lifetime.
How Does Using a Trust Let My Beneficiaries Skip Probate?
A trust is an excellent alternative to a will. When you create a trust, you fund it by transferring ownership of some or all of your property to the trust.
What Happens if I Die Without an Estate Plan in California?
As we mentioned in our last blog post, having an estate plan in place can go a long way toward protecting both you and your loved ones. It is also important to discuss what can happen if you pass away without an estate plan. While creating a trust leaves you - and later, your chosen trustee - in control, you will have no say in what happens to your estate should you pass away without a plan. Your family members will have no choice but to go through probate. Probate is long, complicated, and often costly. However, going through it is the only way to distribute a decedent’s assets in the absence of an estate plan. Avoiding intestate probate is perhaps one of the greatest benefits of estate planning.
Consequences of Dying Without an Estate Plan
Those who pass away without an estate plan are termed “intestate.” During intestate probate, your family members will likely need to hire an attorney to guide the process. Because you did not leave any instructions for how your property should be distributed, California state law will control who gets what. Our state’s intestacy laws favor immediate relatives - mainly your spouse and children, or sometimes your parents.
Who Should Have an Estate Plan?
If you are a competent adult, you should have an estate plan. Whether you are single or married, a parent or childfree, healthy or ill, young or old, you need an estate plan. Life is unpredictable. As much as we all wish that only elderly people in poor health passed away, we know that this is not the reality of life. No one knows when they will pass away or become incapacitated. Having both a testamentary plan and an incapacity plan in place can help reduce the distress your loved ones will experience should the worse come to worst. Doing this type of planning can also help ensure that your personal beliefs and wishes would be respected should you find yourself in a situation like a coma where you could not speak for yourself. Our lawyers can work with you to help you decide which documents you need given your current personal situation.
The Benefits of Estate Planning for All
Thinking about what your closest loved ones would go through if you were to pass away unexpectedly is not comfortable for anyone. Thinking about what you might go through if you were alive, but incapacitated, is not comfortable either. However, once you have an estate plan in place, you can stop worrying about these unlikely events, knowing that you and your loved ones would be protected. Benefits of making an estate plan for all include:
What is a Holographic Will and Why Should I Not Use One?
You may or may not have heard the term “holographic will” before. No, it is not a high-tech device that presents your final wishes using a hologram. Rather, a holographic will is a handwritten will made and executed by the testator alone. It need not comply with all the legal formalities required to make any other type of will, such as being witnessed by two people.
As you can imagine, there are a lot of ways for this to go wrong. Holographic wills are generally used only in emergency situations where the testator knows that they are dying and do not have the time or ability to find a lawyer and create a formal will. Really, a holographic will should never be used if you can avoid it. It can be extremely difficult to prove that these documents are valid and extremely easy to successfully challenge one. Your best bet is to work with an estate planning attorney rather than taking a DIY approach to such an important legal matter.
When Should I Prepare a Medical Power of Attorney?
Many people, especially when they are young, regard estate planning and the preparation of a living will as something that can wait or something that is only for older or infirm individuals. The reality is that medical emergencies can happen at any time. When a medical crisis strikes, your loved ones may be unsure about the level of care and lifesaving treatment that you may want. Each person should have a living will or advance health care directive, which can clearly specify their desired medical care and gives decision-making power to a person they choose through a medical power of attorney. The attorneys of Law Office of David Schechet will work to prepare documents that address each client's specific needs.
Benefits of a Medical Power of Attorney in California
When you grant someone power of attorney, you are giving them the legal right to make decisions in your name. Powers of attorney can cover financial management, legal and business matters, and medical care. While some, like a financial power of attorney, can take effect at any time of your choosing, a medical power of attorney typically only takes effect when you are incapacitated and unable to make decisions about your medical care and treatment.
Our firm serves clients throughout California, including Los Angeles, Anaheim, Encino, Riverside, San Diego, Monterey, Sacramento, San Jose, Palo Alto, San Francisco, and Oakland.
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