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By: Scott Grossman on October 15th, 2016

Demonstrating a Legitimate Expectancy of Inheritance

When someone interferes with your loved one’s estate plan, it can be extremely upsetting and unsettling to learn that your expected inheritance no longer exists. Even if the will or trust of your loved one is a valid instrument, you may still have grounds for legal action against the person who intentionally interfered with your loved one’s estate plan. Consequently, proving this allegation is not always easy. Perhaps the most frequently contested aspect of this type of case is whether you had legitimate expectancy of inheritance.

How to Prove You Legitimately Expected to Inherit From Your Loved One

Demonstrating that your expectation was legitimate requires certain types of evidence. An overview is outlined below:

  1. A previous version of the will or trust was executed that provided you with the inheritance that you were expecting. A draft of this instrument is sufficient.
  2. You can show your loved one revoked the earlier will or trust as a result of conduct of the defendant. An example of this could be fraud or duress.
  3. Under the laws of intestacy in California, you would have inherited from your loved one if not for the interference of the defendant.

In conclusion, if you can satisfy any or all of these criteria, you may have grounds for cause of action. An experienced attorney can help fight for inheritance that’s rightfully yours before the defendant in the matter intentionally interfered.

Beginning the trust or estate litigation process can feel overwhelming. Start by learning more about the process. Check out our free guide today, Winning the Inheritance Battle: The Ultimate Guide to California Trust and Probate Litigation.

Related Links:

Probate Litigation and Contingency Fees

What to Ask Before Hiring an Estate Litigation Attorney