What should I do when things go wrong with my estate plan near me

Navigating the world of estate planning can feel secure when everything is set up correctly, but life throws curveballs, and sometimes things *do* go wrong. Whether it’s a change in family circumstances, a flawed document, or a dispute over assets, knowing your next steps is crucial for protecting your wishes and your loved ones. Proactive planning and prompt action are key, and having a local attorney like Steven F. Bliss ESQ. at

with a phone number of (951) 582-3800, can provide invaluable assistance.

What happens if my will isn’t valid?

A will can be deemed invalid for a number of reasons – improper signing, lack of witnessing, or if the testator (the person making the will) lacked the mental capacity to understand the document. California recognizes two main types of valid wills: formal wills, requiring signatures and two witnesses present simultaneously, and holographic wills, entirely handwritten by the testator. If a will is challenged and found invalid, the estate falls under intestate succession laws. This means state law dictates how assets are distributed, potentially diverging significantly from the deceased’s wishes. For example, I once spoke with a woman named Maria, who discovered her mother’s handwritten will lacked a date. Though the wishes were clearly stated, the court ruled it inadmissible, and the estate was divided according to a standard formula—leaving out a cherished family heirloom she believed her mother intended for her. It was a painful and easily avoidable situation.

My trustee is mismanaging the trust, what are my options?

Trusts, while offering probate avoidance and control, rely heavily on the integrity and competence of the trustee. If you suspect mismanagement – unauthorized distributions, risky investments, or a blatant disregard for the trust’s terms – you have recourse. The California Prudent Investor Act outlines the standard of care trustees must adhere to. You can petition the court to remove the trustee, appoint a successor, or compel them to correct their actions. Legal counsel is vital here; you’ll need to present evidence of the mismanagement and demonstrate how it violates the trustee’s duties. Statutory fees for executors and attorneys in probate can be significant, often based on a percentage of the estate’s value, making proactive intervention to prevent mismanagement far more cost-effective. Remember, formal probate is required for estates over $184,500, further highlighting the potential expense of disputes.

What if someone contests my will or trust?

Contests can arise for many reasons—claims of undue influence, lack of testamentary capacity (mental competence), or allegations of fraud. California’s “no-contest” clauses, also known as *in terrorem* clauses, are narrowly enforced. They only apply if a beneficiary challenges the will or trust *without* probable cause. A direct, baseless challenge could result in that beneficiary forfeiting their inheritance. However, if the contest is legitimate and supported by evidence, the challenger has the right to pursue their claim. These disputes are often emotionally charged and require skilled legal representation to navigate the complex court procedures. It’s crucial to gather evidence supporting your position—medical records, witness testimonies, and any documentation relevant to the challenge.

I’ve had a major life change, how do I update my estate plan?

Life events like marriage, divorce, the birth of a child, or significant changes in financial circumstances necessitate a review and update of your estate plan. Simply having documents isn’t enough; they must reflect your current wishes and legal realities. Community property laws, for example, state that all assets acquired during marriage are owned equally. The surviving spouse benefits from a “double step-up” in basis for assets, potentially saving significant taxes. Failing to update your plan can lead to unintended consequences—assets passing to the wrong beneficiaries or unnecessary tax burdens. A regular review—every three to five years or whenever a major life event occurs—is highly recommended.

Don’t wait until a crisis arises to address issues with your estate plan. Proactive planning, regular reviews, and prompt action are key to ensuring your wishes are honored and your loved ones are protected. If you’re experiencing problems or simply need assistance with updating your plan, Steven F. Bliss ESQ. is a trusted estate planning attorney in Corona, California, ready to help.

I remember a client named James, whose digital assets – emails, photos, social media accounts – became inaccessible after his wife passed away. They hadn’t included provisions in their estate plan for digital asset management, and it took months and significant legal fees to gain access. It underscored the importance of granting explicit authority in your estate plan for a fiduciary to manage these increasingly important assets.