Roseville Wills & Trusts Lawyers
Estate Planning Attorneys Helping You in Roseville, Sacramento & Surrounding Areas
If you have specific people you would like your personal assets and property to go to upon your death, you will need a properly executed will or trust. Without a will or trust, the state of California may make decisions regarding your assets which you would have disagreed with.
In addition, if you do not have a properly executed will or trust, your family members or friends may end up in a legal dispute over the distribution of your possessions. To avoid all of this trouble, it is highly recommended that you work with the attorneys at Cecil Cianci Law, PC to ensure that your demands will be executed appropriately.
Our Attorneys Understand the Best Tools to Use
Every person should have a will or trust established in order to protect his or her personal desires. Without a properly executed will or trust by a qualified and experienced lawyer, you may not have the protection you need to not only protect your finances and interests, but also to make sure that your will or trust has been drafted to comply with necessary California rules and regulations.
Cecil Cianci Law, PC can handle all estate planning matters, including:
- Basic and complex wills
- Will codicils
- Revocable inter vivos trusts
- Irrevocable trusts
- Grandchildren trusts
- Life insurance trusts
- Charitable trusts
- Special needs trusts
Investing in a customized will or trust is beneficial because it not only allows you the financial security you need, but it also protects your personal assets from possible unnecessary estate taxes in the future. Please contact our law firm to discuss with our attorneys the types of wills and/or trusts that will be best for your unique situation as well as other specialized planning techniques. We are happy to provide answers to your questions.
Our attorneys work hard to ensure that your estate planning process is as smooth as possible by:
- Consulting, preparing, and drafting your legal documents
- Ensuring that all appropriate steps and procedures have been taken to avoid probate court
- Protecting your assets and finances as well as your beneficiaries' inheritance
- Minimizing federal estate taxes
- Providing aggressive advocacy when necessary
Can You Contest a Will in CA?
A will contest will be accepted by a court if you can prove any of the following:
- the will is fraudulent;
- the will fails to meet legal standards in the state of its creation;
- the will was created under coercion; and/or
- the will was created when the deceased was not mentally competent.
The court may accept other similar reasons for the will contest, but you cannot contest for a frivolous reason such as believing the terms aren’t fair.
Additionally, you are obligated to prove the above grounds if you are contesting the will. For example, if you are trying to prove the deceased wasn’t mentally competent when they created the will, you may need a witness testimony or medical records.
Limits for Contesting
California enforces a time limit on will contests based on where the estate is in the probate process. For example, you can contest the will as soon as the deceased has passed on by filing an objection to the petition for probate. If the executor has already filed a petition for probate, you must file your objection before the hearing date. If you would like to contest the will after the hearing has taken place, you can only do so 120 days from the start date of the hearing.
A no-contest clause is meant to discourage someone from contesting a will. Usually, this clause will punish the person seeking the clause by disinheriting them from the estate. Whether or not a court decides to uphold the clause depends on the clause’s wording and the situation surrounding the contest. However, interested parties can challenge documents related to the will and seek a compromise without violating the terms of the clause.
Helping Clients Plan for the Future
At Cecil Cianci Law, PC, we help many types of people throughout the greater Sacramento area plan for their future. Whether you are planning for long-term care or need guidance on how to proceed with creating a will or trust, leave it to our qualified Roseville estate planning lawyers to assist you in this process.
It is never too early to start thinking and planning for your long-term goals and future. With the proper help from a qualified and experienced attorney, you will be able to make the right decisions for you and your loved ones.