Legal Question in Wills and Trusts in California

inner family agreement challenge

If a member of the family agreed to receive a share of the estate in settlelment of litigation involving the heir and the heir did not recive what the settlement provided to paid or given to the heir, then if the estate has not yet been distributed, the heir has a lawsuit for specific performance of the settlelemnt agreement agaisnt the person who was to give the heir the percentage distribiution, more than likely the personal representative. If the estate has already been distributed, at a minimum, the heir has a breach of conbtract lawsuit for damages against the parties to the contract who received distributions under the agreement as well as the personal representative for making a distribution in violation of the settlement agreedment.

inner family agreement challenge

The heir who was promised a percentage as part of the agreement should have a claim for the agreed-upon amount, and should see an attorney quickly to find out how to proceed--some types of estate administrations can have deadlines that expire quickly.

If you're asking whether the heir can challenge the validity of the agreement, that would depend on a lot of factors. It would probably be difficult, but again, the heir should see an attorney quickly for an opinion.