Inheritance is the legal process by which a deceased person’s assets are distributed to their heirs or beneficiaries, typically following a will or trust, or if none exists, according to intestacy laws, culminating with the estate’s settlement.
A variety of disputes can arise during the inheritance process, including when the beneficiaries disagree on the terms of a will or trust. The inheritance dispute and theft attorneys of RMO Lawyers have extensive experience in inheritance dispute and theft litigation in California and Texas and can help you navigate these sensitive issues.
Inheritance disputes are disagreements or contests that arise during estate or trust administration. These disputes can include concerns over the actions of an executor or trustee, contests over entitlements to an inheritance distribution, disagreements over the interpretation of a will or trust, and more.
Beneficiaries, heirs, fiduciaries, and other interested parties can bring disputes if they disagree with the terms of a will or aspects of the probate process.
In California and Texas, some estates are not always required to pass through a formal probate process if there is a will. A trust also avoids the legal probate process. This can lead to assets being distributed to heirs with little supervision from the court and may require more due diligence from other interested parties to ensure that the heirs receive the inheritances they’re entitled to.
Legal intervention in resolving these disputes is often crucial for bringing about a favorable resolution while preserving the intentions of the will or trust. Given the tense and often contentious nature of these disputes, an inheritance dispute lawyer can play a valuable role in navigating the complexities and bringing about a fair resolution.
Managing inheritance disputes varies depending on the nature of the disagreement and the steps required to achieve an appropriate resolution. Our lawyers at RMO offer support in all the following aspects of inheritance disputes in California and Texas.
Inheritance disputes can arise for a variety of reasons. Here are a few of the most common factors we see contribute to inheritance disputes.
Having proper estate planning documents is crucial for averting inheritance conflicts. Without these documents, there’s no clear direction on asset distribution. Among the essential documents to prevent disputes is a will or trust. If a person passes away without a will, the estate falls under intestacy rules determined by the state.
Even with a will in place, disputes over the estate can still arise. Common issues with wills include:
Another prevalent cause of inheritance disputes is the perception of unfairness. For instance, if a deceased individual leaves significantly more assets to one child than to another, the disadvantaged child may contest the estate distribution.
Another frequent dispute we see is when an heir is not included as a beneficiary or their share is reduced.
These disputes can come as difficult obstacles to the trust or estate administration process—our team works to resolve them amicably through mediation or litigation.
Errors can misrepresent the intentions of a will. These can include ambiguous language, procedural mistakes, and inaccurately named beneficiaries. A probate estate litigation attorney can help clients correct these errors, draft codicils to modify a will, contest a will, or ensure a fair distribution of the estate, depending on the circumstances, all with the goal of preserving the wishes of the deceased.
Our probate attorneys focus on all types of inheritance and theft disputes. Whether you’re a trustee, executor, heir, or beneficiary we can help you resolve your probate dispute.
Inheritance disputes in California and Texas can take many forms and look different depending on the case and the nature of the disagreement. At RMO Lawyers, we provide support in all the following scenarios.
At RMO Lawyers, our litigation team may provide support in all the following scenarios.
Inheritance disputes can be complex processes, and finding an appropriate resolution is not always straightforward. An inheritance litigation attorney can provide guidance in resolving disputes to bring the best possible resolution for all parties and in alignment with the interests of the trustor or testator.
You should contact an inheritance attorney when:
If you have any questions surrounding the administration of an inheritance in California or Texas, schedule a consultation with us at RMO Lawyers to understand your options. Whether you are a beneficiary or a trustee with concerns about the rightful distribution of assets in a will or trust, we can help.
Inheritance disputes can affect a range of different parties who have an interest in a trust or will and don’t want to navigate the process alone. At RMO Lawyers, our inheritance dispute attorneys support all the following clients.
Beneficiaries have unique interests in the assets of an estate as outlined by a will or other estate planning documents and may raise disputes about their entitlement to the assets of an estate. Our team at RMO Lawyers can represent beneficiaries to support them in navigating the dispute process and securing their rightful inheritance.
Heirs to an estate have unique rights to an inheritance, and they may raise disputes around their entitlement to assets, the provision of assets to disqualified persons, or the context surrounding the creation of a will entirely. RMO Lawyers can represent heirs to resolve these disputes and carry out the interests of the estate.
Trustees may be at the center of an inheritance dispute if a beneficiary, heir, or other party takes issue with the trust administration process. Our attorneys can support trustees in understanding their legal responsibilities in trust administration and provide representation in resolving disputes.
Successor trustees may seek the support of an inheritance dispute attorney to ensure fulfillment of the estate planning documents and any fiduciary duties. This is important especially if a party suspects a trustee is breaching their fiduciary duty or if they need legal guidance navigating disputes in their new role. RMO Lawyers can provide this support.
If a testator owes debts at the time of their debts, those they owe debts to may raise a dispute to resolve them. Our lawyers can help creditors follow the appropriate steps to assert their claims and obtain access to their rightful distribution.
Executors have a responsibility to help manage disputes between interested parties in a will. They may also find themselves at the center of a dispute if other parties suspect a breach of fiduciary duty. RMO inheritance litigation attorneys can support executors in defense against breaches of fiduciary duty and provide guidance in their disputes.
Other interested parties in an inheritance dispute may include guardians or conservators or organizations listed as beneficiaries in estate planning documents. Our attorneys at RMO can provide representation and legal guidance to ensure these parties have the support necessary to raise and navigate an inheritance dispute.
Answers to common questions about inheritance disputes and theft, helping you better understand your rights and the legal processes involved in protecting your interests.
If you are experiencing unequal inheritance between you and your siblings, you should contact an experienced probate litigation attorney. First, the attorney will likely conduct a thorough investigation and analysis of the relevant legal documents and laws to determine the validity of the unequal distribution. They will give you a fair and objective opinion on the validity of your claim.
If a valid claim exists, an attorney can represent the disadvantaged sibling by potentially contesting the will or trust through legal avenues such as alleging undue influence, lack of capacity, or fraud.
If you suspect your inheritance has been stolen, you should immediately contact an experienced probate litigation attorney. They will assist you in comprehending the legal avenues and evidence needed to successfully reclaim your inheritance.
The approach to addressing the theft varies based on how it occurred, such as manipulation or forgery of a will before the deceased’s passing or misappropriation of assets by the executor post-death.
Resolving an inheritance conflict often involves a combination of legal action, negotiation, and sometimes mediation. In California and Texas, disputes may arise over the terms of a will or trust, asset distribution, or the actions of an executor or trustee.
Common resolution methods include:
• Informal negotiation among heirs or beneficiaries
• Mediation with a neutral third party
• Filing a lawsuit in probate court if you have legal grounds
• Hiring a trust or probate litigation attorney to guide and represent you
Many conflicts can be resolved without going to trial, especially with professional legal help to protect your rights and reach a fair outcome.
When heirs disagree, it can delay the administration of an estate or trust. This can happen if the conflict involves how assets should be distributed, who should serve as executor or trustee, or whether documents are valid. In California and Texas, unresolved disputes may end up in probate court.
Common ways to address disagreements include:
• Mediation or negotiation to reach a compromise
• Court intervention, if the disagreement involves legal violations
• Involving a probate or trust litigation attorney to protect your rights and help resolve the issue
Yes, you can fight for your inheritance if you believe you were unfairly excluded or if the estate or trust was mismanaged. In California and Texas, common legal reasons to challenge a will or trust include:
• Undue influence or fraud
• Lack of mental capacity when the document was signed
• Breach of fiduciary duty by the executor or trustee
• Improper execution of the will or trust
To protect your rights, it’s important to act quickly and consult a trust or probate litigation attorney familiar with local laws and deadlines.
In California and Texas, there’s no single deadline for an heir to claim their inheritance, but important time limits do apply depending on the situation. For example:
• Heirs typically have a limited time to contest a will. This is often 120 to 180 days after receiving notice.
• If assets go unclaimed, they may eventually be turned over to the state’s unclaimed property division.
It is highly advisable to consult an attorney as soon as you can, to avoid missing critical deadlines and ensure your claim be taken seriously.
Inheritance theft is more common than many people realize, especially in complex estates or trusts. It can happen in various ways, including:
• Stealing or misusing estate funds
• Misuse of power by an executor or trustee
• Forged or altered documents
• Hidden or diverted assets
• Undue influence over a vulnerable person
In California and Texas, legal action can be taken to recover stolen inheritance, but early detection and help from a trust or probate litigation attorney are key to protecting your rights.
Yes, inheritance theft can be a felony if it involves criminal acts such as fraud, forgery, embezzlement, or financial elder abuse and if it meets a certain dollar value. In both California and Texas, these offenses can lead to serious penalties, including felony charges, fines and restitution, and prison time.
Whether it’s handled in probate or criminal court depends on the nature of the theft. If you suspect inheritance theft, consult a trust or probate litigation attorney immediately to explore your legal options.
Yes, you can sue someone for your inheritance if you believe you were wrongfully denied what you’re entitled to. In California and Texas, common reasons to file a lawsuit include:
• Undue influence or fraud affecting a will or trust
• Breach of fiduciary duty by an executor or trustee
• Improperly transferred or hidden assets
These cases are typically handled in probate court. To protect your rights and improve your chances of success, it’s important to work with a trust or probate litigation attorney.
Insights and advice on inheritance disputes and theft from our blog.
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