Legal Question in Wills and Trusts in California

Re: undue influence

If you are being sued, you should seek legal advice as soon as possible. You may have very good defenses to this claim and should fight to protect your inheritance.

We specialize in dealing with these claims. If we can be of assistance, please do not hesitate to call.

Re: undue influence

These cases are very fact dependent. The claim against you will be that you used fraud or undue influence to have this man change the beneficiary designation in the trust. The issue will turn on what evidence of this can they muster.

I assume the man is dead? Who is the successor trustee of the trust. Has he transfered the property to you carrying out the terms of the trust? Don't do anything without hiring a lawyer who can represent you in this process. The decedent is entitled to give his property to whomever he chooses. Of course, you can understand the feelings of his children giving rise to the accusations and recriminations. The key is not to make any decisions blindly and without competent legal advice.

Let me know if I can be of help further.

Re: undue influence

you also need to look at how much you got under the trust, have you spent any of it, are your judgment proof as to the rest, how much will an attorney cost, etc. You clearly will need an attorney experienced in such matters as it will be an argument as to what the facts are and what they mean.