What to do When a Sibling Contests a Trust
In sibling disputes over a trust, hiring a trust litigation attorney is crucial for navigating legal complexities and filing a formal complaint in probate court. The goal in these sensitive situations is to honor the deceased’s wishes while minimizing family conflict, ensuring a fair and equitable resolution for all involved.
Contesting a Trust in California: In California, individuals have a 120-day window to contest a trust. Failing to file a contest within this timeframe forfeits the right to contest the trust. Common reasons for trust contests include issues such as lack of mental capacity.
Call Hess-Verdon’s trust attorney for assistance, guidance, and trust dispute resolution.
Siblings contesting a trust in california
In California, one has 120 days to raise objections against a trust. If this window is missed, the right to dispute is lost. Many times, challenges arise due to concerns like lack of mental clarity.
Contesting a Trust
California law provides that survivors may contest a trust if certain conditions are met. People may contest a trust as soon as the grantor dies. There is a 120-day window for filing an objection after a trust is admitted to probate.
Most trust contests hinge on proving that the grantor had no capacity, such as dementia or a stroke, and this is one way on how to prove undue influence.
The validity of trusts is also contested if they do not follow trust provisions. In California, trusts must be legally drafted and signed with two witnesses present. The two witnesses should also sign the document, and neither of them may be listed in it. These provisions may invalidate the trust if they are violated.
Additionally, it might be that someone had numerous trusts. In some instances, the courts may consider the new trust to be the legal document and that the old trust isn’t. However, the possibility of having two trusts can cause much family confusion and will need to be litigated. A trustor often enters into a blended family scenario, not recognizing that they had a prior trust with the former spouse.
Inheritance Theft
Sadly, inheritance theft remains a serious problem that often ends badly for families. Also, inheritance scammers are mostly family members – it can destroy family ties.
Stealing from an heir can take many forms, starting with manipulating their wishes while the bequeather is still alive up until they’re dead and committing theft and embezzlement after their passing.
In exchange for returning the stolen money or assets to an estate or trust, an abuser who takes from an estate can face civil action. The California Probate Code provides grounds for pursuing punitive damages, double damages, attorney fees, or disinheritance of the abuser. You should consult a probate attorney immediately if you suspect inheritance theft regarding the availability or probability of these recoveries. As a trustee, learn more about problems with siblings when settling an estate.
Ways Inheritance Can be Hijacked
Uncollectible Loans
When a relative dies, those he/she loaned money to may claim that the loans were gifts. They refuse to repay, and if there are no loan documents, the chances of recovery are slim.
Outright thievery
Theft is a classic one. The trustee, power of attorney, or beneficiary of the estate may abuse their powers and divert funds from the estate into their personal accounts.
Sibling disparagement
Sleazy co-heirs may use sibling disempowerment to get more from the estate unfairly. Some heirs focus less on their bonds with one another and more on increasing their share of the estate pie. Using false allegations or accusations against one’s siblings is a common trick that inheritors sometimes use.
Forgery
Family members or advisors may draft fake wills or amendments to actual Wills so they can receive a larger inheritance share. Sometimes they add or remove zeros to the deceased’s account balance receipts. Women and children are the most victims.
Inheritance theft California what to do
- Request comprehensive estate audit and asset valuation
- Work with a lawyer to find witnesses as early as possible
- File a formal complaint with the probate court
- Discuss an informal resolution with the opposing party or their attorney
- Use legal court processes to resolve disputes
- If everything else fails, go to trial
How to Deal with Greedy Family Members After a Death
Many family members may display greedy behaviors after losing a loved one. You can minimize conflict and take care of yourself while you process the death of a loved one by:
Compromising creatively
Creativity and cooperation are sometimes necessary. Let’s say there is a favorite watch from Dad that everyone wants. Consider making it a family heirloom that everyone can wear without laying an ownership claim to it.
Talk more, fight less.
Particularly during asset distribution, misunderstandings within families can make grief feel particularly harrowing. Although we can’t control how others talk to us, we can put a healthy tone for discussions about complex topics.
Ask why five times.
Before labeling someone greedy, try to understand their viewpoint. Don’t assume the worst. Someone may be seeking solace in materiality because they’ve realized that we are temporary in nature -that we are all destined to die. Find the reasons and the reasons behind the grounds, then address that.
Trust Attorney: Bring in a third party.
When nothing else works, try mediation. A third party can make the process less emotional by handling the heavy lifting. If that doesn’t work, you may have to resolve the matter in court. Work with an experienced inheritance lawyer.
Call Hess Verdon at (949) 706-7300.
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