Posts Categorized: Trust Contests

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Inheritance Theft! Can a relative who I’ve excluded from my Will fight for inclusion after I’m gone?

Yes, provided that relative has standing to sue. Any family member (or past beneficiary) who has been excluded from your Trust or Will can fight for inclusion after you die. But to do so they first must have standing. To have standing means they are an heir or prior beneficiary of yours and they have a property interest they will ...

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Can you challenegeyour Trustee_-4

My siblings were disinherited–Do I owe them anything?

The short answer is no. If you are named as the only heir to your parent’s estate, then you win—and all the excluded children lose. You do not owe them anything. Or at least, that is how it should work…in theory. But many cases are not that easy because the excluded children often do not like being excluded (imagine that). ...

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Can you challenegeyour Trustee_-2

Left Out in the Cold? My mom died and left me out of the Will–What can I do about it?

What can you do when you find yourself left out of a parent’s Will? That all depends on the circumstances surrounding the creation of the Will in the first place. For starters, in California children do not have a right to inherit any property from a parent. In other words, a parent can disinherit a child, leaving them nothing. Minor ...

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The Beneficiary'sCorner v3

Will you lose your inheritance? The Beneficiary’s Corner — Course 5 California No Contest Clauses

1. The basics of California No-Contest Clauses. Under current law, California no-contest clauses only apply to: 1. Direct contest brought without probable cause; 2. A pleading to challenge a transfer of property on the grounds that it was not the transferor’s property at the time of the transfer; and 3. The filing of a creditor’s claim or the prosecution of ...

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The Beneficiary'sCorner-3

Course 3 — Lessons 1 to 3: California Undue Influence Claims

The basics of undue influence. What is Undue Influence? Undue influence is considered excessive persuasion where the intent of the victim is replaced with the intent of the wrongdoer. To prove undue influence you need to prove four basic elements: Vulnerability of the victim, Apparent authority of the wrongdoer, Actions and tactics used in unduly influencing the victim, and An ...

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Who OverseesYour Trustee

Top 10 Trust and Will Myths: Episode 8 Can Trusts be challenged in court?

https://youtu.be/y0gWqNJgoXg Is your Trust safe from being contested in court?  Many people think so, but the truth may not be so promising.  In this video we discuss whether your Trust can be challenged in court.

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