Disappointed Beneficiaries

There is no requirement for you to leave your assets to family members. But most family members expect it.

What happens when they don’t get what they expect due to wrongdoing of a third party?

Sometimes the deceased’s will or trust did not deliver what he or she wanted due to wrongdoing — fraud or undue influence.

Then the will or trust can be contested. But that can be costly and risky, says a story on lakeonews.com.

California law invalidates certain types of inherently untrustworthy gifts, such as gifts made to those who drew up the will, for example. Also invalid are gifts made to those who may be related to or associated with the person who drew up the will.

California law also presumes that certain types of gifts are invalid due to undue influence, such as by a caregiver, unless the caregiver is related to the donor.

There are exceptions, however.

Another issue can be when someone interferes with the deceased’s wishes and prevents money from being left to the person or persons it was intended to go to. Such persons can file what is known as an “intentional interference with the expectation of an inheritance” suit.

If you have questions about estate planning, feel free to call us for a consultation at (626) 696-3145.

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