Complex probate situations are very common in California inheritance cases, says Mina Sirkin, a Los Angeles Inheritance Attorney whose advice is frequently sought in estates and trusts. Difficulties in estate distributions range from a failure to distribute (also called a failure to administer), to outright theft by the trustee or executor. The best case scenarios only involve negligence by the trustee or executor.
It is not uncommon for a beneficiary of an estate or trust to complain that his or her California inheritance has been compromised by a trustee. In cases of negligence, most flaws in administration may be fixed. The trustee or executor has personal liability for breaches of his or her fiduciary duty, and in some trusts for gross negligence, where the trust specifies the standard of care.
Who benefits or receives and inheritance from an estate or trust?
A. A named beneficiary in a will or trust.
B. A person not named in the will or trust, who will inherit from the estate due to some flaw in the residuary provisions of a will, or where a residuary provision of the will does not exist.
C. Intestate heirs who would otherwise inherit based on the California’s inheritance law or a document.
D. An indirect beneficiary who inherits because a named beneficiary has passed away without any children or a spouse.
As you can see, inheritance in California can get very complicated. If you have had a situation where someone has taken your inheritance, or you believe your inheritance is at risk, call complex inheritance attorney, Mina Sirkin at 818.340.4479