Category: Abused Beneficiary

who can sue?

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 […]

What is Undue Influence

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 […]

Can a Caregiver be a Beneficiary

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 […]

Can the Trustee Evict Me

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 […]

Mistreated Beneficiary

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 […]

Give Me Information

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 […]

why disinherit a child

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 […]

do i need a beneficiary lawyer

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 […]

does the beneficiary have a job

From time to time, beneficiaries ask: What is my job as a beneficiary to get my beneficial interest under the trust? A distribution under the trust, in other words. The answer is that the beneficiary really doesn’t have a job. The beneficiary owes no duties to the trust, under law, or under the trust terms, […]

how do i pay for my lawsuit

How are you going to pay for your lawsuit? Unfortunately, lawsuits in the modern age are very expensive. It costs a lot of money to hire a lawyer, to pay for all the discovery that you have to do, issue subpoenas, take depositions, hire expert witnesses, pay court filing fees. Everything costs time and money. […]