Category: Trust Beneficiary

what's interference

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 […]

why do so few get to sue?

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 […]

When a Beneficiary is Trustee

In California, Trustees can also be beneficiaries of a Trust. Even if the Trust has multiple beneficiaries. That means one person can be both the Trust manager (Trustee) and benefit from the Trust (beneficiary). You may ask ‘isn’t this a conflict of interest?’ Maybe yes and maybe no. Anytime one person is acting as both […]

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 […]

where's the trust document

I want to tell you why you are incorrect today if you think that your parent’s trust document is recorded somewhere. Trusts are private documents. They don’t get recorded anywhere. They don’t get recorded with the County Recorder’s Office. They’re not kept with some government agency. A lot of times the attorneys who draft them […]

the trust won't pay

I want to talk about why you are wrong today. If you think that the trust is going to pay for your attorney’s fees, you are mistaken, unfortunately. If you’re the beneficiary of a trust, you may think that the trust should have to pay for the beneficiary’s lawyer. That’s not going to happen. I […]

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 […]

how to qualify as a beneficiary

What does it take to qualify as a beneficiary? If you have been named as a beneficiary in a trust or will in California, and you’re supposed to receive a gift out of that trust or will, it really doesn’t take much to qualify to be a beneficiary. Once you are named as a beneficiary, […]