Wills and trusts are complex documents that can span generations and lifetimes. Unfortunately, when emotions and interests are involved, fraud is not uncommon. Fraud often occurs when the trustee or executor misuses, hides, steals, or lies about estate assets. Still, this is a broad term that encompasses several different types of infringements.
If you suspect fraud, consulting an expert will contest and trust fraud attorney in California is imperative to preserving the integrity of the estate and protecting your inheritance. Learn when you need a lawyer for this fraud:
When Do You Need a Will Contest and Trust Fraud Attorney in California?
An executor or trustee has a fiduciary duty to provide complete, accurate information about asset transactions and invest or distribute assets per the trust or will instrument in the best interest of beneficiaries. Breaching these duties constitutes will or trust fraud.
While sometimes there are reasonable explanations for anomalies, odd accounting procedures, or changes in holdings, a key distinguishing feature of fraud is it benefits one party, typically a trustee, an executor, or a beneficiary, at the expense of other interested parties. Examples of fraud include:
- Self-dealing
- Commingling of estate assets
- Breaching trust and will terms
- Misconduct
- Estate mismanagement
- Squandering or misappropriation of assets
- Failure to account
- Failure to make prudent investments with assets
- Undue influence
- Making false statements
Ultimately, this is just scratching the surface. Fraud can take myriad forms; only will and trust fraud attorney in California has the expertise to determine if your situation constitutes fraud.
Signs You Need a Will Contest and Trust Fraud Attorney in California
Understanding if you need a will contest and trust fraud lawyer requires understanding the warning signs of this transgression. Red flags that signal fraud include when:
- A close family member is excluded or disinherited.
- A trustee or executor continuously makes excuses for delays in responding, communicating, making distributions, accounting, filing, or reporting.
- The person who created the trust or will instrument depends on a significant beneficiary for basic quality-of-life necessities.
- The decedent makes sudden amendments before they die.
- The trust or will instrument disproportionately benefits a non-relative.
- There is missing property.
- A will or trust does not accurately reflect the estate.
- The will or trust instrument is not properly signed, witnessed, or notarized.
- The person who created the trust or will instrument gives away substantial assets before dying.
- A person creates or amends several wills or trusts in a short period.
- Someone destroys the single existing copy of a will or trust instrument.
Contact Us if You Need a Will Contest and Trust Fraud Attorney in California
Do you suspect that an executor, trustee, or beneficiary has committed will or trust fraud? The time to contest may only be 120 days, or sometimes even shorter, so immediately contacting an expert will contest and trust fraud lawyer is of the utmost importance.
Fortunately, at Gokal Law Group, our expert team boasts extensive experience representing victims of this fraud, preserving their inheritance, and delivering them justice. Call us at (949) 753-9100, or contact us to schedule a consultation.
5 Responses
Hello, I do need some expert advice. There was no
Will, my brother had my mom sign thr estate over
To him, three days prior to her death. She was very
Heavily medicated, and onset of dementia.
Stage 4 lung cancer. I think he may have forged my
Dads name on the deed. He is a junior, same name.
Dad has been gone for almost five years now.
Yes my mother was disinhertitared from her mother’s trust. The time frames of 120 days has passed. I had no adequate time to contest the will as my mother was transferred into memory care facility and had some issues.
The estate of my grandmother is worth at least 2 million with originally 4 beneficiaries. This is also the second trust my family has done this with. The first time I was able to secure an attorney prior to the 120 days. With my grandmother the executor waited til the last week to n email me documents. I know there is not something right. Is there anything my mother and I can do?
My mothers sister changed my grandmas will I know she did cause my grandmother told me I was in her will
I know my mother’s executor is trying to commit fraud and get 450k from my 759k inheritance. I had a couple of bank accounts that were not part of the trust or real estate. They were transfer on death accounts with my name on them. The executor is trying to deduct the amount that was in them from my share of the sale of my mom’s rental property which I get 80% of. 247k should not be deducted from my share because these bank accounts are not part of the trust etc…. She also depreciated the building by 150k and she is taking that amount and deducting it from my share of the sale of the property amount I get. The reason she’s deducting that amount is because she under sold the building and I have proof she knew the buyers. I have a title insurance document dated 3/26/24 with her name and the name of the buyers on it that denied them the action they were trying to do. The building did not go on the market until 6/10/24 and they didn’t make an offer until 9/20/24. She also dropped the price from 1.5 to 1399000 before 60 days had passed and both my brother and myself said do not accept the low offer of 1.3 it was far below market value and she accepted it anyway and then deducts the depreciated amount from the sale money I am to receive. There are also other deductions without proof of work done, permits pulled, invoices, receipts or anything else showing details. She pays my mom’s friend six thousand dollars, a former employee of my mom’s and past tenant received a bunch of money she wasn’t due, in fact this woman owed my mom 2k. She bought the tenants new refrigerators and washer and dryers without any consent from my brother or myself. Why buy them anything when they as a stipulation on the escrow has to vacate?? She is charging 11k to remove my mother’s personal belongings and there was easily 30k or more worth of fine artwork, collectibles, statuary, and a plethora of valuable items in her home. She took 7 months to clear the condo costing my trust 2500 a month for rent. She should have taken thirty days to clear it. She charges for her attorney everytime she consulted her it cost us, her cpa the same thing. She didn’t respond to most emails maybe 1/10 and text messages or phone calls went unanswered. She never sent my mom’s remains, her classic bmw in perfect running condition and pristine inside and out now she claims is not drivable and needs over 10k worth of work. The bmw dealership in Monterey charged the trust 750 to diagnose it and came up with one of its two batteries needed replacing, the tires are close to ten years old, but barely had 600 miles on them and was kept I. A garage with a battery keeper on it 24/7. They also said it might need a new o ring however it had no leaks in the garage on the floor. I have a video taken with the executor present documenting the cars condition and I want to know what happened while it was in her care to need so much in repairs. I also have a photo of the mileage on it. She was supposed to to send the title in June and did not. My mom’s remain were to be sent to my brothers address in February a year ago and were never sent. She has been a horrible executor and caused me so much stress and anxiety I spent six days in the hospital and nearly died last November. I don’t get sick very often and after her as the executor and refusing to give me an advance distribution when I was desperate for money it lowered my immunity and I got deathly ill. Her reputation speaks for itself. Vicki lyftgot Salinas California elder focus llc. Check her out you will see I am not exaggerating about what a terrible job she has done as executor.
Parents are currently committed fraud denied to notify me about will and trust inheritance accounts also court proceedings and propertys and hiding will without notice to me step sister impersonating me and stealing identity and inheritance money selling property and money also false documentation on marriage certificate , wills .