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estate planning and litigation Archives

What happens if you die without a will?

All adults in the California Vietnamese community should take the responsible step of making out a will. You may understandably be reluctant to think about what will happen after you die, but a will is the best way to assure that your intended heirs receive your estate according to your wishes. 

Proving undue influence occurred

Being disinherited by a loved one can be a hard pill for anyone in Westminster to have to swallow. In the wake of such action, one's immediate thoughts are likely to turn to discovering why this may have happened. One of the more common reasons may be that a testator has been unduly influenced by a caretaker or other personal confidant. The question then becomes how is one to prove this? 

Should you include a no-contest clause in your will?

If you have business or personal assets to pass on to beneficiaries in Westminster, you might harbor justifiable fears that your succession desires might cause amongst your loved ones once you are gone. You certainly do not want your family members to fight among themselves over the assets you have to leave to them. You might be tempted, then, to include a "no-contest" clause in your will. Such a clause threatens to disinherit one who challenges the provisions of a will. Yet would including such language in yours accomplish your purpose of eliminating the potential for contention amongst your beneficiaries? 

When should I update my will?

Many people think that creating a will is a one-time process. However, there are numerous reasons why you may want to update or even redo your will. Knowing when to revisit this vital estate planning document can protect your cherished assets as well as the interests of your heirs, which is why Forbes recommends updating your will when the following circumstances apply.

Reviewing the role of a probate referee

Most in Westminster have probably heard it said that people should avoid probate whenever possible. That is because the cost of going through probate is taken from the estate's assets, thus limiting that amount that is left over to be dispersed to one's beneficiaries. Yet that does not necessarily mean that probate is a bad thing. Truth be told, the probate court can offer a personal representative a great deal of assistance in administering an estate. One such resource is a probate referee. 

Avoiding estate taxes

The excitement Westminster residents feel every payday may often be slightly tempered by the knowledge that Uncle Sam is going to take his share. Taxes are an unavoidable aspect of life, yet does the same hold true in death, as well? It is true that there is indeed a federal estate tax. The prospect of having a portion of their hard-earned estate assets going to the government may be downright disheartening to some. Yet not to worry; there is a way for people to avoid having to pay the estate tax

Understanding intestate succession

As you begin to experience personal and professional prosperity in Westminster, your thoughts should turn to estate planning. The most common reason cited by those who come to see us here at The Law Firm of Lan Quoc Nguyen & Associates as to why they wait so long to begin such planning is that they do not want to consider the prospect of their own deaths. While that concern may be understandable, there is danger in waiting too long. If you keep putting this important process off, you could end up dying without a will. 

Wills ensure Vietnamese families continuity

While modern custom in Vietnam is typically not to make a will, the case for Vietnamese families living in California is not the same. A clear-cut will is necessary to ensure the wishes of each person is followed in distributing his or her assets following death.

Do you have a business succession plan?

Like many families in Westminster, yours may share a strong emotional bond that has been built up over decades of loving interactions. That bond may be strengthened even further if you all happen to work together in a family business. Yet few appreciate just how much such a bond can be tested when the topic of business succession comes up. You might think that your family members will be able to come to an amicable agreement regarding your business' management once you are no longer involved with it. However, disagreements can quickly arise over business interests in even the most tight-knit of groups. 

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