In California, beneficiaries have a unique set of rights to protect them, their inheritance, and the estate or trust when an executor or trustee assumes control. These rights are invaluable, but require understanding. Contact an expert beneficiary lawyer to leverage and defend your rights. The following are some of your rights for which a beneficiary rights attorney may be needed:
What is a Beneficiary Lawyer?
A beneficiary rights attorney specializes in probate law and represents beneficiaries who have had their rights violated by an executor or trustee. A beneficiary lawyer protects a person’s rights as a beneficiary and fights to protect a trust or estate and ensure beneficiaries get what they are entitled to.
What are Beneficiary Rights in California?
To understand if you need a beneficiary lawyer, you must first understand your rights as a beneficiary. Generally, beneficiary rights in California include the right to:
- A complete and final copy of the trust document or will, including any amendments and written instructions that affect the distribution of assets
- Be reasonably informed about the trust
- Fair and impartial treatment from a trustee or executor
- Dispute a trust and any provisions or amendments
- Compel a trustee or executor to administer the trust or estate per the trust or will terms
- Their inheritance
- Timely distributions
- An accounting
- Object to an accounting
- Sue a trustee for a breach of fiduciary duty
- Petition the judge to suspend or replace a trustee or executor
“Keep in mind that everyone’s situation is different. Beneficiary rights often hinge on complex legal language in the document itself. Only a premier beneficiary rights attorney has the experience and expertise to determine what your rights are and if someone has violated them,” explained Abbas K. Gokal, a partner at Gokal Law Group and 20-year practicing attorney in probate matters in Orange County courts.
What Are Signs You Need a Beneficiary Lawyer?
Generally speaking, if a trustee fails to fulfill their duties or infringes on your beneficiary rights, you need a beneficiary attorney. Here are some examples that illustrate this.
One sign you need a beneficiary lawyer is that you are not receiving impartial treatment by a trustee or executor. These individuals have a legal obligation to impartiality, and if they treat one beneficiary differently from the others, this violates that duty.
For example, maybe you request to review deeds, finances, income, debts, expenses, and other related items to the trust or estate but never receive them. It is a red flag if the trustee or executor happily provides this information to another beneficiary.
Alternatively, maybe you are having a hard time getting a full picture of the will or trust. Trustees and executors have an obligation to transparency and must provide an accounting to beneficiaries. If they refuse to provide one, it could signal illegal activity.
Even something as simple as not fully understanding the trust document or will warrants a consultation with a beneficiary rights attorney.
Contact us for Premier Beneficiary Lawyer Representation
Any time someone violates your beneficiary rights, immediately contacting an expert beneficiary rights attorney is essential to protecting your inheritance and preserving the integrity of the estate or trust. At Gokal Law Group, our team boasts unparalleled expertise and experience representing beneficiaries, shielding their inheritance, and bringing negligent or criminal trustees and executors to justice.
To protect your rights, call us at (949) 753-9100 or contact us.
One Response
Hello my name is Sana Smart my aunt left a trust Barbara A Smart Trust that I didn’t receive a copy of until a year later, giving me cash gift of 20,000.00 of which the trustee paid towards my debt, and gifted 7 chestnut st San Carlos, ca 94070 naming her boyfriend George to have life estate and upon his death gives me a life estate, upon my death the house is to be sold and money split between my two children. My aunts boyfriend passed away unexpectedly this year and the trustee isn’t allowing me to move in. She put the house in her name, filing an affidavit of death in 2020 the will hasn’t been filed with the court. Witnesses to the will deny witnessing it, raising concerns about the authenticity of their signatures. When asked if they are 100% sure that they didn’t witness the Will signing the response was yes they don’t know how their signature ended up on my aunts will. I gave them the names of who’s involved and when Jenifers (trustee) name was mentioned the woman said she sold a wall bed to her during that time . I have the text messages to and from the lady.
The drafting attorney of the trust is named executor in the will and is husband of the trustee not related to us. The trustee never did an inventory after my aunt passed. She has provided a general ledger
But there is a lack of transparency in the transactions, with large transfers from stocks unaccounted for. The trustee is blaming everything on George whom is now deceased. And has given me access to the house until the end of the month. I’m supposed to have everything (my aunts pictures, kitchen ware, and few pieces of furniture moved out by then. She has already had contractors come to give estimates on the work that needs to be done but has recently decided she can fund the trust with even more money if they tear it down and sell the lot as two lots. Her interest has been solely her own and not ours. Her husband is an attorney and they have been bullying me since the day I asked for information regarding the trust document. They told me I was no longer a beneficiary after I was paid the twenty grand and when I obtained legal counsel they threatened me saying if I kept it up I’d have nothing left in the trust for me or my children. This goes even deeper than what’s already been explained.
My aunt designated my grandmother as the beneficiary of her IRA accounts.
Jenifer assisted George in obtaining power of attorney over my grandmother, who has dementia and resides in an assisted living facility so they could gain access to the accounts
George proceeded to drain not only my aunt’s accounts but also those of my grandmother as well.
Emails exchanged between George and Jenifer serve as evidence of their collaboration in this exploitation.
Moreover, during the process of cleaning out the garage at 7 Chestnut St, I discovered another trust that designates my grandmother and me as beneficiaries. This arrangement appears to be a family-oriented strategy, which would make sense potentially aimed to avoid tax implications I think.
I have contacted multiple attorneys, and the latest advice recommends filing for an injunction based on the gathered information. Jenifer backed by her lawyer husband, has proven to be a formidable adversary, and I am in need of legal support.
Regrettably, financial constraints prevent me from securing the ideal legal representation, as the estimated cost is beyond what I can afford. Therefore, I am reaching out to you, seeking your expertise and guidance in navigating this complex situation.
Thank you for your time and I look forward to hearing from you soon.
Sincerely & Respectfully, Sana Smart