Table of Contents
Key Takeaways
- Being married to someone with a claim against a trustee does not automatically give you the right to file a lawsuit yourself.
- In most California trust litigation cases, only the person with the legal interest in the trust may bring the lawsuit.
- There are situations where a spouse can act for the beneficiary, but only if they have legal authority, such as a power of attorney or a court appointment.
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If your spouse died before receiving an inheritance, their death does not necessarily eliminate the claim. The trust terms and California law will determine who may receive the inheritance and who can take legal action.
- If you suspect the trust was altered due to wrongdoing, it is important to act quickly. Waiting can make it harder to gather the evidence you need.
When Can a Trust Be Challenged?
It is not unusual for families to find out after a loved one dies that a trust was changed, sometimes in ways that leave out expected heirs.
If you think something was not right about how the trust was set up or changed, you may have grounds to challenge it.
Common Reasons Beneficiaries Challenge a Trust
Some of the most common reasons include:
- Undue influence
- Fraud
- Lack of mental capacity
- Improper execution of the trust
- Other unlawful conduct affecting the trust’s validity
At The Grossman Law Firm, Attorney Scott Grossman represents beneficiaries and heirs throughout California in trust litigation involving these and other disputes.
Does a Spouse Have Standing to Sue?
Generally, no.
California law says that the person whose rights are affected must file the lawsuit. If your spouse is the beneficiary, or should have been, they are usually the one who must bring the case.
However, there are limited exceptions.
When Can a Spouse Act on Someone Else’s Behalf?
A spouse may be able to act on the beneficiary’s behalf if they have the legal authority to do so, such as:
- Acting under a valid power of attorney
- Serving as a court-appointed conservator or guardian when appropriate
- Acting in another legally recognized representative capacity
Simply being married to the person with the claim does not automatically create standing to sue the trustee.
Because standing issues can affect whether a case proceeds, it is important to have an attorney evaluate the facts before filing a petition.
What If the Beneficiary Spouse Has Died?
The situation becomes more complicated when the person who was supposed to inherit dies before receiving their inheritance.
For example, suppose your husband was entitled to a share of his father’s trust, but he died before the trustee distributed the assets. You may wonder whether you can pursue that inheritance for yourself or for your children.
The answer depends on several factors, including the language of the trust, when your spouse died, whether their interest had already been granted, and who has legal authority to act after their death.
Depending on the circumstances, the inheritance may pass to your spouse’s estate or another beneficiary. In some cases, California law may also allow a deceased beneficiary’s descendants to receive the gift that the beneficiary would have received. These rules are highly dependent on the trust language and the relationship between the people involved.
The important point is that your spouse’s death does not necessarily mean the inheritance—or a potential claim involving that inheritance—disappears.
If your spouse died before receiving an inheritance and you believe a trustee is wrongfully withholding or distributing those assets, The Grossman Law Firm can review the trust and determine who may have the right to take legal action.
FAQ
Can I sue a trustee for excluding my spouse from a trust?
Usually, your spouse—not you—is the person with standing to bring the claim. However, you may be able to act on your spouse’s behalf if you have legal authority to do so.
Can I pursue an inheritance my deceased spouse was supposed to receive?
Possibly. Whether you or your children have rights to the inheritance depends on the terms of the trust, when your spouse died, and how California law applies to your specific situation. An attorney can review the trust and determine who may have the right to pursue the claim.
What if my spouse lacks capacity?
Depending on the circumstances, a legally authorized representative, such as an attorney-in-fact or conservator, may be able to pursue the claim.
How long should I wait before speaking with an attorney?
You should speak with an attorney as soon as possible. Waiting may make it more difficult to preserve evidence or protect your spouse’s legal rights.
Related Resources
How The Grossman Law Firm Can Help
Questions about who has standing can determine whether a trust litigation case moves forward. If your spouse believes they were wrongfully excluded from a trust—or if you believe someone exercised undue influence or committed fraud—it is important to understand who has the legal right to bring the claim.
At The Grossman Law Firm, we help beneficiaries and heirs across California protect their rights in probate and trust litigation.
Please call us at (888) 443-6590 or fill out our Get Help Now form to take the next step in protecting your inheritance.
Our Intake Specialists can evaluate your case at no cost to you. Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.
Originally Published: Aug 27, 2016