by Inheritance RecoveryThe no-contest clause
The no-contest clause can be a fundamental element of any estate document, depending on the intentions of the Settlor. A no-contest clause is a legal provision designed to protect the Executor from being challenged in court by family members or other beneficiaries who may disagree with the decisions made by the Executor. It also serves as a deterrent to potential challengers, as these clauses...
by Inheritance RecoveryTrustees
Trustees are legally responsible for managing Trust assets in accordance with the Trust’s terms and conditions and must provide regular accountings to the beneficiaries to show how the assets have been managed. While keeping beneficiaries and heirs informed about all movement of assets are within the scope of the Trustee’s fiduciary duties, these duties can be breached, especially when a Trust...
by Inheritance RecoveryReal Property
Real property is the most common and valuable asset protected within an estate, especially in California. Generational property retention, and thus the passing of property between heirs, is how familial wealth is commonly established and preserved today. While it is undoubtedly a significant privilege to receive a home as an inheritance, it can also be a complicated and intricate process, as...
by Inheritance RecoveryLet’s Discuss Your Will & Trust
The death of a loved one can be difficult for anyone, and if you are left wondering what is in their will or trust, it can exacerbate a strenuous circumstance. Obtaining a copy of a will or trust from a living parent or family member can be a delicate matter, but it is important to ensure that you are prepared for any eventuality. Step 1: Start the Conversation If you are considering asking...
by Inheritance RecoveryFinancial Elder Abuse
Financial elder abuse is a growing problem in our society, affecting vulnerable older adults who are often targeted by scammers and unscrupulous individuals. In many cases, this abuse occurs within the context of Trust litigation, where family members or other beneficiaries may dispute the management or distribution of assets held in trust. Understanding the dynamics of financial elder abuse...
by Inheritance RecoveryDistribution of Inheritance
How an inheritance is distributed to heirs and beneficiaries is at the complete discretion of the Settlor. Settlors not only decide to whom they wish to leave their assets but also may control the manner and method in which it is distributed to the beneficiaries. Within the instruments of a Trust, a Settlor discloses every detail and instruction on how the inheritance should be distributed,...
by Inheritance RecoveryLegally Relevant Parties
Understanding the dynamics of legally relevant parties that interact with a Trust is critical before pursuing a Trust contest. The movement of assets within a Trust will primarily involve Trustees and beneficiaries. Trustees are fiduciaries who have a duty to act in the best interests of the beneficiaries, as they are responsible for the Trust’s execution. Accordingly, Trustees have an...
by Inheritance RecoveryUndue Influence
Undue influence is a common tactic used to manipulate a Trust or Will for a wrongdoer’s benefit. Commonly a wrongdoer will take advantage of a parent or family member susceptible to manipulation or dependent on them to financially capitalize by estate document manipulation. Family and friends who witness this behavior often feel helpless, as it can be tricky to navigate, especially if the...by Inheritance RecoveryBeing Disinherited Is A Spectrum
There is a common misconception that disinheritance indicates that a person is removed from their inheritance fully. However, being disinherited is a spectrum; it can range from full disinheritance to partial disinheritance. Partial disinheritance is when the Settlor revokes a portion of a beneficiary’s assets. Typically this involves a reallocation of asset distribution in some way. When...
by Inheritance Recovery