Generally, from a beneficiary’s perspective, the difference between trust litigation and financial elder abuse litigation is when the money or property was wrongfully taken.
Articles about Probate Litigation
As part of the estate planning process, you or a loved one may have chosen to include a no-contest clause in the will or living trust.
Accusing someone of altering or forging documents in a decedent’s Will or Trust is an extremely serious allegation.
If your parent had previously executed a will, and you believe that it has since been changed, it is possible that he or she was the victim of undue influence. You may be able to contest the will in the probate court and have it rendered invalid.
Generally, if you were the beneficiary named in a California trust, you have the right to see a copy of the trust instrument, provided that your rights have vested. If your rights as a beneficiary have vested, you can request a copy of the trust instrument directly from the trustee.
If you are the beneficiary of a California probate estate and suspect that the executor may be stealing estate property, it is important to act quickly. Waiting too long may make it impossible for you to ever receive the property to which you are entitled.
How to go about removing an administrator if your spouse passed away, and someone else was appointed administrator of his estate?
If your spouse predeceased you, it is possible that another individual was named administrator of his estate. Fortunately, you may be able to have the administrator removed and yourself appointed instead – if you are of higher priority as determined by the California probate code.
Forgery of a will or trust in California can result in the rightful beneficiaries of a person’s estate not receiving the property that they are intended to receive.