Undue influence in families is an act of abuse, often by heirs victimizing their elderly parents or other family members to increase their will inheritance or trust fund distributions. Undue influence can be actual or implied, and proving undue influence is the responsibility of heirs, beneficiaries, trustees of trusts, and administrators or executors of wills. …
To win a partition action can take anywhere from a couple of months to reach a settlement agreement to a year or more if it goes to a court trial. The vast majority of partition actions settle out of court, which reduces the time frame from filing to resolution, and makes funds and/or property available …
If you suspect a sibling is stealing from an estate or trust in which you are a beneficiary, you very likely need the protection of a trust litigation attorney. Unfortunately, sibling theft is an all-too-common occurrence. Fortunately, an experienced trust litigation attorney can usually help recover stolen assets, and quite possibly have your sibling disinherited …
Disinheriting a spouse can be a fundamentally simple – but realistically flawed – process: Simply ask your spouse to sign a contract (e.g. a prenup or postnup) wherein they agree to be disinherited — and to receive none of your estate assets. The challenge is obvious: Most of the time when the topic of assets …
What is the penalty for stealing from an estate? When an abuser steals from an estate, the penalty can be as little as simply returning the stolen monies or assets to the trust or estate. However, the California Probate Code does provide statutory bases for pursuing double damages, treble damages, punitive damages, disinheritance of the …
Undue influence by step parents is a sensitive topic. The headline alone causes a reaction. Based on our experience, a stepmother is one of the most common perpetrators of undue influence. Whether real or perceived, we counsel clients frequently about the topic and regularly investigate these claims. We also investigate, prosecute, and defend undue influence …
Undue influence cases can be complicated to prosecute. Historically, undue influence was limited to situations of influence over the mentally incapacitated. However, as our elderly population continues to grow states, including California, have responded with legislation that allows family members to pursue litigation in situations where a loved one may be of relatively sound mind …
Undue Influence Examples and Elements Under California Law Read More »
What are the duties of a trustee in California? California Probate Code outlines Trustee Duties quite clearly. And now, we’re going to make it even clearer. First off, let’s define some popular terms: What is a trust? A trust, or living trust, is a document designed to help families avoid legal process, probate, after …
California Probate Code Trustee Duties Explained Read More »
Contesting a will is more common than heirs, beneficiaries and executors may think. We tell our clients every day: Disputing a loved one’s will or trust does not make you a bad person. All too often wills resulted from interference from a loved one or an interloper. We work with heirs, beneficiaries, administrators, executors, and …
The death of a family member always signals a change. Family dynamics can be thrown into uncharted territory, and long-standing relationships are often forced to be redefined. Even before a loved one passes away, the emotional upheaval attached to an estate and family assets can also produce intense feelings of sadness, anger, isolation and other …
Common ways that an estate plan may be challenged Read More »