California Wrongful Disinheritance Attorney

Losing a loved one is hard enough. Finding out that you didn’t receive the inheritance you expected deepens the blow of loss. You may be asking yourself, “Was I disinherited intentionally?” and “Do I have any rights if I’ve been disinherited?”

Sometimes disinheritance happens unintentionally, like when someone doesn’t get around to updating a will after a marriage or the birth of a child. Sometimes the person making a will (testator) or trust (settlor) is the victim of fraud or undue influence, causing them to make an estate plan that doesn’t align with their real wishes. At Fox Law, our experienced wrongful disinheritance attorneys work to honor the true intent of the deceased and to protect your rights.

What is Wrongful Disinheritance?

Wrongful disinheritance happens when a person is unfairly or improperly excluded from a will or trust. California law (Probate Code §§21610 and 21620) contains protections for spouses and children not included in a will or trust because the estate planning documents predate the marriage, birth or adoption.

Sometimes disinheritance comes about for other reasons, including misconduct. A will or trust can be challenged in California for the following reasons:

• Undue Influence: The testator or settlor was the victim of persuasion or manipulation that overcame their free will.
• Fraud: Intentional deception intended to make a person change their estate planning documents or trick them into signing a will or trust.
• Duress: Using coercion, threats, or pressure to make someone create or change an estate plan.
• Forgery: Illegally creating, altering, or signing a will or trust.
• Lack of Testamentary Capacity: The testator or settlor lacks the mental capacity to understand the consequences of making an estate plan or a change to an estate plan.
• Tortious Interference with Expected Inheritance: Someone had a reasonable expectation of receiving an inheritance, and someone else intentionally interfered with that expectation through wrongful means, causing the loss of inheritance.

Whether you were intentionally disinherited or left out of a will or trust by accident, you must act quickly to preserve your rights. A knowledgeable wrongful disinheritance attorney can help.

What to Do if You Have Been Wrongfully Disinherited in California

Under California Probate Code §8270, a will can be challenged within 120 days after it has been admitted to probate. Similarly, California Probate Code §16061.7 and §16061.8 also provide a 120-day limit after notification of a trust change to file a trust contest. If someone has requested and received a copy of the trust terms, they have only 60 days to contest the trust or 120 days from the date of the trustee’s notice, whichever is later. Claims for tortious interference may have a longer window to file.

Even if you have time, you should act as quickly as possible to preserve evidence. Items to gather include:

• Prior versions of the will or trust
• The current document that is in dispute
• Any known amendments or codicils
• Documentation (letters, emails, text messages, etc.) of the deceased’s intentions
• Medical records if lack of testamentary capacity or undue influence are suspected

Working with a wrongful disinheritance attorney who has experience litigating inheritance disputes is critical. A general litigator or estate and trust attorney who focuses on transactional work may lack the technical knowledge to successfully navigate these matters.

At Fox Law, trust and estate litigation is the focus of our practice. We understand not only the legal challenges these cases pose, but the difficult emotional realities they involve. We guide you through your case with the skill you need, and the sensitivity you deserve at this difficult time.