In this episode of Your Inheritance with Peter Bochnewich, we welcome guest Nicholas Van Brunt, Esq., to talk about considerations on capacity issues, mental capacity issues in estate planning, and trust and estate litigation.
Tune in as Peter and Nicholas discuss the capacity to make a will or a trust, what is required, the meaning of “undue influence’ and more.
Many issues is trust and estate disputes center on whether a testator, i.e., the person who makes a Will, or a Trustor/Settlor, the person who creates a Trust, truly has the requisite mental capacity to accomplish the will or Trust. It is perhaps a misconception among many people, that because their mom or dad, or grandmother or grandfather, is facing or even struggling with the conditions attendant to the aging process, that they may for these reasons or for reason of a particular diagnosis of a particular disease state, therefore “lack capacity” and thus have lost the ability to competently execute an estate plan. Each case and situation must be evaluated on its own facts and merits. However, California case law is clear that in its grant to its citizens the right to make Will, or a more complicated Trust, and decide what they want to do with their own [...]
When you establish a trust, you are placing your trust in the hands of another person or institution to handle your finances and/or property for you. The intention is that this person or institution will act in your best interests and according to the terms of the trust agreement. They are legally bound to do so. Sometimes, things don't go as planned. The trustee may breach their fiduciary duties or act in a way that is not in line with the trust agreement. The most common result of a breach of the agreement is called trust litigation. Trust litigation is a legal process that can be used to hold a trustee accountable for their actions and resolve any disputes that may arise between the trustee and the beneficiaries of the trust. Trust litigation can be used to challenge the trustee's actions, remove the trustee from their position, and recover any [...]
Trusts and estates are two of the primary legal structures used to transfer assets over to heirs and beneficiaries after someone dies. Estates and trusts work in distinctively different ways and serve different functions. Estates function as a one-time transfer of assets that are distributed after death. Trusts, in contrast, allow the trust creator (the trustor) to establish an ongoing transfer of assets to beneficiaries before and after death. It is important to understand the differences between estates and trusts in order to decide how to incorporate them into your estate plan. If you are a resident of Southern California and would like to speak to an estate attorney about your estate planning options, the team at Bochnewich Law Offices, APC would be honored to take your call. What Is an Estate? Simply put, an estate is everything you own. This can include your home (or other real estate properties), [...]
Excellent Team caring and aggressive. They get the job done. Highly recommend this firm.
I have to say that Peter is also an unusual attorney in that he is compassionate and has a sense of what is just and appropriate; he will be honest and forthright with his client, but will absolutely fight to right a perceived injustice. I can't say enough great things about this attorney.
With Peter’s guidance, we were able to navigate through a very stressful situation. Throughout the process, Peter was always available for questions and prompt with the right answers. At no time did we feel alone in this process. His compassion and experience were invaluable, and we were able to right a terrible wrong. I would highly recommend attorney Peter Bochnewich for your legal needs.”
Throughout a long and sometimes difficult legal battle, my sister and I were constantly impressed by the depth of Mr. Bochnewich’s understanding of the law, his energy in applying it, and his intelligent and effective presence in court. We were also deeply appreciative of his warmth toward us and the deeply ethical behavior he exhibited both in and out of court. In the end, Mr. Bochnewich’s skills were responsible for removing the executor from the estate, and in our receiving a seven-figure judgment. I would not hesitate to recommend Peter Bochnewich to anyone seeking highly skilled legal assistance with estate and inheritance issues.”