When a family member or loved one tells you, perhaps over the course of many years before his or her death, that property will be yours once he or she dies, it can come as a rude awakening when that property seems nowhere to be found (or is in the wrong hands) at the time the person dies. In some cases, the property may be gone forever and there is nothing you can do about it, but, in other cases, you do have rights against the estate to recover the property or at least the value of the property. As a potential beneficiary of that property, the burden is often on you to go to probate court to make sure your rights are honored. Below are a few issues to keep in mind and bring up to a probate attorney.
Were You Listed in the Will?
Hopefully, the deceased backed up his or her promise to you to give you the property by listing it and you in a will. You can work with an Inheritance Recovery Attorneys to locate the most recent, legally valid will and provide evidence that the property listed in the will is the property in question.
Was the Property Sold By the Deceased?
If the property was sold by the deceased prior to death, a court might go two different ways depending on your state’s laws and what was done with the proceeds of the sale. In many cases, the intended beneficiary is entitled to other property if it was similar property purchased with the proceeds of the sale, e.g. stock purchased with the proceeds of a stock sale.
Did Another Person Take the Property?
If another person is currently in possession of the property, then, again, a probate court may go in several different directions with how it treats the property, and there may be legal strategies you can pursue by which you can reclaim the property.
For example, if the other party exerted undue influence over the deceased either to transfer the property or to get the deceased to change the will, a probate court may reverse the transfer and/or change. Also, if another party (including a trustee) took and/or wrongfully retained the property after the deceased’s death, the probate court can force that party to transfer it to you, the rightful owner.
Work With an Inheritance Recovery Attorneys to Win Your Rightful Inheritance
If you have any reason to suspect that you are being intentionally or mistakenly kept from receiving your rightful inheritance, The Inheritance Recovery Attorneys are here to help. We have extensive experience in understanding and litigating the nuances and complexities of California probate code, and we have spent countless hours spent in the courtroom aggressively fighting on behalf of plaintiffs. We offer contingency pricing on will contest matters, meaning we collect no legal fee unless we win on your behalf. Contact one of the dedicated team members at TheInheritance Recovery Attorneys to see how we can help you in getting the recovery you deserve in your probate or trust matter.