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Capacity Issues in Estate Planning — Your Inheritance with Nicholas Van Brunt, Esq.


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.

By |January 25th, 2023|

Considerations on Capacity Issues in Estate Planning And Trust and Estate Litigation

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 [...]

By |December 6th, 2022|

What Is Trust Litigation?

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 [...]

By |September 15th, 2022|

What Is the Difference Between Estate and Trust?

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), [...]

By |June 30th, 2022|

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