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:
- Commingling of estate assets
- Breaching trust and will terms
- 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.