Lawyer For Inheritance Disputes

Types of Inheritance Disputes

Disputes about the rightful heir

The question of who is the rightful heir can cause clashes. This is likely to be worse in cases where the deceased died without a will. You can expect similar struggles if the will is invalid or inconclusive. It strains family relationships, and the outcomes of such matters can cause the children to suffer.

As the executor or beneficiary of such a troubled estate, you should call a lawyer for assistance. It is even more critical to contact an inheritance lawyer if the family includes adopted children, children born out of wedlock, and ex-spouses.

Siblings left out of wills.

Family tensions will likely arise if some siblings or heirs are left out of the will. Maybe the creator or testator of the will intentionally left them out. Or perhaps they left them a paltry sum compared to the vast sums the rest of the family gets to inherit. Whatever the case, the disgruntled siblings are most likely to contest the will.

If the omission was a mistake, working with a California inheritance lawyer can help to resolve the matter in or out of court. Based on the evidence presented – including but not limited to coercion, fraud, and forgery—the California probate court can move to invalidate the will. If the omission was intentional, the executor of the will must also work with a lawyer to protect the wishes of the deceased as contained in the will.

Disputes over what is part of the estate

Let’s say the deceased lent one of the children large sums of money as a loan. If the child had not repaid the amount by the time the parent died, is the amount part of the estate? This question is an example of general disputes about what should be within and outside the deceased’s estate.

Then, questions can arise over who inherits things that are not of monetary value. It could be a sentimental piece of art or priceless jewelry. Also, the heirs might not agree with themselves or the testator regarding handling high-value items.

In all these cases, a lawyer for inheritance disputes is a neutral advisor to the parties. The attorney can help the executor interpret the state’s inheritance laws for compliance. The heirs and beneficiaries can also seek mediation assistance from the legal professional to reduce tensions.

Sale of assets in the estate

Consider two heirs sharing a house as part of their inheritance. Dispute is bound to arise if one party wants to sell and the other doesn’t. The executor may also run into trouble with some beneficiaries if they try to liquidate assets like cars or land as instructed in the will.

Beyond family disputes, these matters can also raise tax complications. In these instances, affected parties can hire a lawyer for inheritance disputes. These attorneys are experienced in cooling temperatures among conflicting parties and can also help find the right legal solution that doesn’t disadvantage anyone.

Disputes over claims by a divorced spouse

After a couple divorces, each party loses their right to inherit anything from the other’s estate. However, countless times, we have seen ex-spouses coming back after a person dies to claim their share of their inheritance under the pretext of the old marriage. This leads to fierce court battles between the rightful surviving spouse and the ex-spouses laying claim to the estate.

Things can get even worse if the deceased forgets to update the will. In that case, the ex-spouse could have a solid legal standing to take a large chunk of the deceased estate to the detriment of their children and surviving spouse. An experienced inheritance dispute lawyer can help you defend your loved one’s assets in court.

Wrangles over Last-Minute Changes to the Will

Some of the worst inheritance disputes arise over unexpected changes to the deceased’s will. These last-minute changes can raise suspicions of fraud, forgery, and coercion. Even though the will states whatever it states, people unhappy with it will have grounds to contest the document in court.

If the executor of the will finds themselves on the opposing side of the disgruntled beneficiaries or heirs, the drama that arises from this conflict can be disgracing. Whether you represent the parties suspecting fraud or duress or are on the opposite side fighting to protect the will, working with an inheritance attorney in California is a wise decision. This will help everyone solve their differences calmly in or out of court and save the image and privacy of the family.

Improper execution of will or trust

Executor or trustee misconduct allegations may lead to conflict among the administrators and beneficiaries. If the heirs to the estate believe that the executor is embezzling or misusing funds from the estate, they can file a lawsuit in court. Beneficiaries to a trust might also clash with the trustee if they believe they are not getting their entire inheritance as specified in the trust document.

The executor or the trustee may move to defend their rights and the estate planning documents if they think these are bogus claims. In all these instances, the legal drama can drag on for many days, months, or years. If you don’t have a lawyer to represent you in these disputes, protecting your rights as an executor or trustee may be challenging. You may lose part or the whole of your inheritance as a beneficiary. An experienced attorney will look out for you.

Incapacity disputes and claims

People who are dissatisfied with the contents of the will or trust can raise the claim that the creator of the document was incapacitated. These cases are much more familiar with deathbed wills and trusts. It is much easier for anyone to contest a trust or will based on the argument “incapacity”– and with the help of a skilled lawyer, the courts can invalidate the document.

But what if a section of the beneficiaries believes the current will or document is authentic? There is bound to be conflict. Both parties can work with an inheritance dispute attorney to prove the validity of the will/trust and present proof that the creator was in their right mind when they created the estate planning instruments.

Undue Influence disputes

If someone pressured the deceased to write or change the will in their favor, the other beneficiaries could file a contest against the will in court. This can lead to fights and rifts within the family, with those supporting the will opposing those who don’t help the will.

An experienced inheritance lawyer can help both sides sit on the table for negotiations or even mediation. If no agreement can be reached out of court, the lawyer can fight for your rights in court. Many arguments must be made, whether you are disputing or opposing the will.

The legal professional will help gather evidence and design a robust strategy to win the case in your favor.

Disputes over suspicions of elder abuse

Undue influence goes hand in hand with elder abuse. As people age, they may become susceptible to physical and mental limitations. These can make them vulnerable to financial abuse from the people they have trusted to take care of them.

Suppose evidence suggests that elder abuse may have taken place with the perpetrators intending to alter the will or trust. In that case, the other beneficiaries can bring a will or trust contest to invalidate the document. For instance, if it becomes apparent that the elder son or daughter of the deceased withheld medication or food to force them to amend the will in their favor, an inheritance attorney can compel the courts to throw out the document.

Disputes over allegations of fraud

Beneficiaries may raise suspicions of fraud in the creation or execution of the will or trust. These are some of the most famous instances where fraud occurs in succession.

Testator inducement and bribery

If someone in or outside the family induces, bribes, or misleads the testator or grantor to favor them or leave out some other parties in their wills or trusts, this raises grounds for disputes. Beneficiaries and heirs can lose their rightful inheritance due to such foul play. If this happens, you can seek legal assistance and have the courts invalidate the will or trust.

But if the claims of fraud or inducement are mere allegations brought up by disgruntled family members, other beneficiaries and executors must stand firm to protect the deceased’s last wishes. In this case, lawyers dealing with inheritance help protect and preserve the validity of the trust and will.

Executor fraud

Fraud in execution can happen if the executor of a will or trustee of a trust deceives the beneficiaries about the details of the assets and the estate.

This can manifest in the form of the executor or trustee intentionally changing the terms of the trust or details of the wills. They may also give wrong accounting reports to mislead beneficiaries and interested parties about the financial status of the estate or assets in the trust.

Conflict can arise if beneficiaries (rightfully or wrongfully) suspect the executor or trustees of fraud. Working with a mediator, preferably an estate planning attorney, is imperative to help you unearth the truth.

If you are a beneficiary, the lawyer can fight for you in court to help you recover lost assets. If you are an executor or trustee, the attorney can defend your right and protect the trust or will document from the threat of invalidation.

Contact us to learn more.