My friend promised to leave me a big gift as part of their estate, but when my friend died I was left nothing. Can I sue? Well that all depends on the circumstances surrounding your friend’s estate plan. If your friend simply changed their mind. Or worse yet, if your friend lied to you, then […]
In 2012, the California Appellate court recognized a new lawsuit for those who lose an inheritance due to wrongful interference by someone else. For example, you were going to receive a large gift from a friend and then that plan was either changed or stopped due to another person’s bad acts—such as lying about you […]
A few years ago, California recognized a new tort that allows plaintiffs to sue for intentionally interfering with an expected inheritance. In other words, you can sue if you were going to receive a gift under a Trust or Will, and then someone wrongly influenced an elder to change the estate plan to remove you […]
Undue influence is when a bad person exercises their power over and elderly person and gets the elderly person to give them extra assets, or to cut the other beneficiaries out. The problem that undue influence is generally difficult to prove directly. Generally, a person will not admit they coerced someone into changing a Trust […]
Is it legal to name a caregiver as a beneficiary of a Trust or Will? The answer is… maybe. Here are the things you need to know about naming a caregiver as a beneficiary of a Trust or Will in California: When a Caregiver is Named as a Beneficiary of a Trust or Will, A […]
If you are an occupant of a property owned by a trust, here is what you should know. The trustee is the legal owner of the trust property and may have the right to evict you, even if you are beneficiary. The first thing you should do is ask the trustee for a copy of […]
Are you entitled to an inheritance under a trust, but the person in charge is mistreating you? Here are some of the ways trustees mistreat beneficiaries: Refusing to provide information Unreasonably withholding distributions Ignoring communication with the beneficiaries Exercising favoritism Misappropriating trust assets Failing to comply with trust terms Self-dealing or stealing trust assets Living […]
You Think you are Entitled to an Inheritance Under a Trust, but the Person in Charge Wont Hand it Over. Receiving an inheritance should be easy… right? If you have a good trustee, yes. If you have a bad trustee, obtaining your inheritance may involve some work. The first step is to ask the trustee […]
What are some of the reasons why a parent might disinherit a child? A lot of times we think that a parent will disinherit a child because a child was bad: the child was abusive to the parent, or became a drug addict, or acted irresponsibly somehow. That certainly can be the basis for a […]
Let’s say that you find out that you’re a beneficiary of a $3 million trust. There are three beneficiaries. You’re supposed to get a million dollars at the end of this. It’s a very happy, exciting day for you. You call the trustee’s attorney, and you say to the trustee’s attorney, “Hey, I have some questions for […]
