Table of Contents
Key Takeaways
- California recognizes claims for intentional interference with an expected inheritance in limited circumstances.
- To have a case, you need to show that the other person did something that was already against the law, even before the inheritance issue came up.
- Fraud, duress, forgery, and abuse of a fiduciary relationship are common examples.
- Attorney Scott Grossman helps California beneficiaries evaluate inheritance disputes involving fraud, undue influence, and other wrongful conduct.
What Is Independently Actionable Conduct?
When someone intentionally prevents you from receiving an inheritance, proving they acted unfairly is not always enough.
California law generally requires you to show that the person’s conduct was independently actionable. In simple terms, that means the conduct was already recognized as wrongful under the law, separate from the inheritance dispute itself.
For example, lying to someone to obtain a trust amendment is more than unfair—it may be fraud. Forging a will is more than unethical—it is independently wrongful conduct.
Showing this element can be critical to an intentional interference with an expected inheritance claim.
Six Common Examples
No two cases are exactly alike, but these are the kinds of behavior we see most often in inheritance disputes.
Fraud
Someone lies or hides important facts to get property or change who inherits.
Duress
Threats or pressure force someone to change their estate plans against their true wishes.
Abuse of a Confidential or Fiduciary Relationship
A trustee, caregiver, or someone with power of attorney uses their position to benefit themselves instead of acting in the best interest of the person they are supposed to help.
Forging or Altering Estate Documents
A will, trust, amendment, or other estate planning document is forged or changed without authorization.
Destroying or Concealing Estate Documents
Someone hides or destroys a will or trust so the real wishes of the person who died are not followed.
Other Independently Wrongful Conduct
Depending on the facts, other conduct recognized by California law may also satisfy this requirement.
FAQ
Is unfair behavior enough to file an inheritance interference claim?
Not usually. California law generally requires independently actionable conduct in addition to intentional interference with an expected inheritance.
Does this always involve fraud?
No. Fraud is only one example. Duress, forgery, abuse of a fiduciary relationship, and other legally wrongful conduct may also qualify.
How do I know if I have a case?
A California trust litigation attorney can look at your situation, review the evidence, and let you know if you may have a case.
Related Resources
How The Grossman Law Firm Can Help
If you think someone interfered with your inheritance by lying, using pressure, forging documents, or doing something else wrong, you do not have to sort out your legal options by yourself.
At The Grossman Law Firm, Attorney Scott Grossman represents beneficiaries and heirs throughout California 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 situation at no cost. Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.
Originally Published: September 13, 2016