Frequently Asked Questions

Frequently Asked Questions

frequently asked questionsWhat is a will?

A will is a legal document that helps you to control and transfer your assets or belongings to others after your death. There are formal requirements established by California law that must be met for a will to be legal.

Who may have a will?

Anyone 18 years or above may have a will.

When can a will be contested?

A will can be contested under a number of circumstances including the following:

  • If undue influence was a factor in the will being created of changed
  • If the will was not executed properly
  • If the individual who signed the will was not in a state of “testamentary capacity”.  This means that the mental capacity of the individual was not competent enough to understand the process or purpose of executing a will
  • If there are disputes between beneficiaries of the will

What is estate planning?

An estate plan is a collection of legal documents that states how you want your assets, properties, and money distributed, making it easier for a spouse, children or a designated individual to handle financial affairs following a death.

Why do I need an estate plan?

  • To help minimize estate taxes and distribute assets without going through probate
  • To protect the future of your loved ones
  • To control and preserve you assets

Why should you choose to work with Hannah G. Elisha, Esq.?

Hannah G. Elisha, Esq. is a probate, trust litigation, and estate planning attorney who uses her knowledge and experience to handle cases in Southern California, stretching from San Diego to Santa Barbara. She helps her clients achieve their objectives and provides peace of mind within California estate and trust law.

When to ask for professional legal advice in this area?

It is advisable to consult an attorney in the following circumstances:

  • When a will cannot be found
  • If the will is invalid.
  • The deceased owned a business or was a partner in a business
  • The deceased owned land or property that has an unregistered title
  • The terms of the will are not clear, or the family dynamic has changed since it was created
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