Can an Executor Override a Beneficiary?
An executor can override a beneficiary if they need to do so to follow the terms of the will or the probate laws of the state in which they are administering the estate. Executors are legally required to distribute estate assets according to what the will says and follow state probate laws. This means that if a beneficiary disagrees with the distribution […]
What To Do If a Will or Trust Was Changed
If your loved one unexpectedly changed a will or trust, you might be wondering what to do. Or perhaps a family member recently passed away and the property distribution was drastically different from a previous estate plan, or what you were told to expect. These types of situations are highly sensitive and emotional, especially if […]
The Ultimate Guide to Duress and Estates
Duress and claims of duress often come into play in estate conflicts and trust litigation. For example, if a will or trust is changed to favor one beneficiary over another, it’s common for the negatively affected heirs to investigate why they’re missing out on their rightful inheritance. We see cases every day in which duress […]
What Is an Affidavit of Heirship?
Executive summary Introduction When a person passes away without a valid will, their heirs are the individuals who are next in line to receive property from the estate. Legally speaking, a person’s heirs are generally spouses and close family members or descendants, such as children or grandchildren, depending on which relatives survive them. Ideally, a […]
How to Remove a Successor Trustee
Removing a successor trustee is possible, and generally requires filing a petition for removal, while working with a trust litigation attorney. For trust litigators, a common question is whether a successor trustee can be removed or replaced. Successor trustees don’t always manage the trust effectively, or respect the grantor’s true wishes. Sometimes successor trustees will […]
The California Litigation Guide to Probate Code 859
California Probate Code § 859 is a tool in every probate litigator’s arsenal which authorizes courts to impose a monetary penalty of “twice the value of the property recovered” against the wrongdoer in certain litigation cases. Here’s a quick guide. What is California Probate Code § 859? California Probate Code § 859 authorizes courts to […]