Six Ways to Show Independently Actionable Conduct
If someone interfered with your loved one’s estate plan and it cost you your inheritance, you are likely rightfully upset. Fortunately, courts in California do allow claims for intentional interference of an expected inheritance. These claims are not necessarily easily won. There are several elements that must be satisfied. One such requirement is that you can show that the defendant’s conduct was “independently actionable.”
Examples of Independently Actionable Conduct:
What does this mean? In order to win on your claim, you must show that the defendant intended to interfere with your inheritance. You must also show that the conduct the defendant engaged in that resulted in the interference was in and of itself “wrong.” The following are six examples of the most common types of independently actionable conduct in these types of actions:
- First of all, Fraud.
- Additionally, duress.
- Also, defamation.
- Furthermore, abuse of a confidential or fiduciary relationship.
- Forgery or alteration of a will, trust, or a document making a gift.
- Lastly, intentionally suppressing a will, trust, or a document making a gift.
Proving that the defendant’s conduct was independently actionable requires guidance from an experienced professional familiar with the complex laws surrounding trusts and estates. If you believe that someone intentionally interfered with your inheritance, it is important to act quickly. We encourage you to reach out for further guidance as you fight to protect what is rightfully yours. We can be reached anytime—day or night—through our easy, online, live chat box found directly on our website. In conclusion, you may also contact us via our quick and easy online form. It would be our pleasure to further assist you.
Occurs when threats or force are used to stop a person from acting according to their free will, by threats or force of another.
An organization (ie:bank) or someone else can manage the money or property in a trust usually at a set period of time. They are managed by Trustees and are set up to help better serve the beneficiary’s interests. It is a legal document that tells the Trustee how to specifically handle the money and assets on behalf of the beneficiary according to the Trusts wishes.