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 […]
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 […]
A few years ago, California recognized a new tort that allows plaintiffs to sue for intentionally interfering with an expected inheritance. In other words, you can sue if you were going to receive a gift under a Trust or Will, and then someone wrongly influenced an elder to change the estate plan to remove you […]
Beneficiaries are supposed to receive reasonable information and timely distributions of their share of the Trust money and property. Unfortunately, many beneficiaries are kept in the dark and receive no Trust distributions. In other words, they receive no money and no information. It can be hard to know what to do when you are kept […]
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 […]
Undue influence is when a bad person exercises their power over and elderly person and gets the elderly person to give them extra assets, or to cut the other beneficiaries out. The problem that undue influence is generally difficult to prove directly. Generally, a person will not admit they coerced someone into changing a Trust […]
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 […]
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 […]
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 […]
Are you entitled to a copy of your Mom’s or your Dad’s trust? This question really comes in two variations. The first situation is one in which both Mom and Dad have passed away, and an older brother or sister is the trustee and refuses to provide you with a copy of the trust. Under […]
