Not only have you lost a parent , but now you’re faced with the prospect of being disinherited in full or getting much less of the inheritance than you expected. Find out if the law offices of Daniel Leahy can help you.
Don’t delay, there are often deadlines – as short as just 120 days. You may have legal options to protect your interests in this challenging time and Daniel Leahy is the attorney who can help you decide what to do next. Dan’s practice includes resolving disputes among beneficiaries and fiduciaries. Often this requires litigation and Dan has the experience and skills to help you. Dan regularly appears in Bay Area probate courts and handles matters through trial.
Contact Daniel Leahy today at (510) 985-4151 or with our contact form to schedule your free consultation. Read more about our legal fee options and the possibility of contingency fees so that you don’t have any upfront costs.
Read on to learn more about disinheritance and your options.
Most states, including California, allow a parent to disinherit a child. However, there are several possible reasons that would allow the disinherited child to receive their rightful inheritance. Does your situation fall into any of these categories?
The elderly and ill are especially vulnerable to undue influence. A typical situation is when a caregiver coerces or threatens an individual to update their trust or will to benefit the caregiver. These threats can be spoken and explicit or just implied. The care receiver can experience psychological or even physical abuse as they’re often so dependent on the caregiver.
If you suspect undue influence by a caregiver or another beneficiary, you want an experienced trust and probate litigator on your side. Schedule your complimentary consultation with Daniel Leahy today.
The person who signs the will or trust is called the “testator.” The testator must have the mental capacity to understand their relationships with beneficiaries and family members, the approximate amount of property they own and the nature of the documents that they are signing. Proving lack of mental capacity in a court can be challenging so you need an experienced trust and probate attorney to make the case. Schedule your complimentary consultation with Daniel Leahy if you have concerns about the mental capacity of your late parent.
Mistake of Fact
These are often tied to undue influence cases when the caregiver or other beneficiary tells the parent untrue information about the child. For example, they might tell the parent that the child never visits or is using drugs or does not care about the parent. Schedule your complimentary consultation with experienced probate and trust litigator, Daniel Leahy, if you think there was a mistake of fact in your case.
Lack of Authority
This situation arises most frequently when one parent dies before the other. The surviving parent often doesn’t realize that the first parent’s will and trust may have become irrevocable at their death. Contact Daniel Leahy and schedule your complimentary consultation.
There may be other circumstances that can be concerned as well. The best way to find out if your parent’s will or trust can be contested is to contact Oakland Probate and Trust litigation attorney, Daniel Leahy for your complimentary consultation as soon as possible. Time is of the essence as there are usually deadlines in these cases.