Abused Recipients: Decoding the Language of Probate and Trust Lawsuits

In California as somewhere else, many people are usually reluctant individuals in estate conflicts. There’s no distinction whether the disagreement involves trust lawsuits, probate litigation or a Will Contest.

Individuals who are frozen out of Wills and Trust usually do not utilize legal words of art to explain their predicament. More likely, they are apt to describe themselves as a kid or daughter whose inheritance was taken by a stepmother, stepfather or caregiver throughout the last months of their mother or dad’s life.
Getting terms down in estate related lawsuits is somewhat confusing – even for lawyers. A “Recipient” suggests an individual to whom a donative transfer of property is made or that individual’s successor in interest. A donative transfer is the voluntary gift of property from someone to another.

The recipient of a donative transfer who gets the gift by operation of law in an intestate estate is an “successor.” An intestate estate describes a scenario where a person passes away without leaving a legitimate will.
The recipient of a donative transfer – a present – who gets the present by operation of a legitimate Will in a “testate” estate is a “devisee.”

Now I need to say that I have actually never had actually a customer come to me and tell me that she is a “Devisee” under a Will. Perhaps someone might have stated this a a century back, however unless the customer is a teacher of Wills and Trusts, it is a not likely reference.
Many initial interviews with abused recipients or hurt heirs have the initial flavor of “Another Someone Done Someone Wrong Tune” – “A real hurtin’ song about a love that’s gone wrong.” While the love that’s gone wrong may not be adultery, it is typically a love between family members that is disrupted by the wrongdoing of another. Such misdeed has real-life negative psychological and financial consequences. We are available in to reverse the effects or to decrease them.

Probate lawsuits lawyers or Trust lawsuits lawyers are engaged by beneficiaries or beneficiaries for numerous reasons – among them and frequently challenges about the validity of trusts or trust amendments, the credibility of the appointment of trustees or the abuse of trusts by designated trustees, challenges over the validity of Wills in addition to distinctions over what property is in a Trust or Estate.
The supreme quest in Estate litigation is justice and the effectuation of the intent of the Trust maker (the “Settlor” or “Trustor”) or Will maker (“Testator”). Filing Court of probate petitions and/or Complaints in California Superior Courts bring Court oversight to the decision and timing of Estate conflicts. While couple of relish the possibility of claims we live in a society where nonviolent ways of conflict resolution exist. This is the role of the Courts and they do an excellent task at resolution – resolutions that otherwise appear intractable without the intervention of the legal system.