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If charities got an heirs gift from the Will by mistake(a LARGE gift) & the gift to them were ALL in stocks & bonds, is it possi

San Francisco, CA |

is it possible to get the gift back & give it to the rightful heirs since they were all in the form of stocks & bonds? >("Constructive Trust"..?)

Attorney Answers 4

Posted

If a mistake was made then the heirs should absolutely consult and retain an attorney to assist them in seeking a remedy that either corrects the mistake or seeks a resolution that is better than just letting the mistake remain unresolved. Be prepared to discuss, to the best of your knowledge, with the lawyer how, when and why the mistake happened and the steps that have happened since discovery of the mistake and bring any documents you believe are relevant to the initial meeting.

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Posted

Maybe. It might also be possible to sue the executor, administrator or personal representative for making such a colossal error. It would be very difficult to recover these funds unless the charity willingly returns them, which seems dubious, at best. There will almost certainly need to be a lawyer involved.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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Posted

Agree with Attorney Frederick You need to consult with an attorney for a thorough evaluation of the facts.

Mr.Scalise may be reached at 805-244-6850 or by email (caig@scaliselawfirm.com). My responses to questions posted here intended as helpful legal information not legal advice. The information I post does not create an attorney-client relationship. Mr. Scalise is licensed to practice law in California. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state, and retain him/her. Mr. Scalise provides “unbundled” services for specific assistance with a specific issue.O work with clients throughout California.

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Posted

I agree that you need a lawyer. The first thing the lawyer should do, after gathering all the relevant facts and getting familiar with the court file, is contact the charities to try to resolve the matter informally, appealing to them on a moral basis. If the charities refuse to do the right thing, then the case will have to be handled on a strict legal basis. Did you have notice of the hearing to approve the distribution? Were you entitled to notice? If so, it may be possible to get the court order set aside. If that avenue is blocked, the executor can be sued for improper distribution. If the executor is bonded, there will be a deep pocket to go after. If the will waived bond, you will have to hope the executor has enough assets to satisfy a judgment. As with all legal claims, you should not sit on this because of possible time limits on bringing a lawsuit.

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James Allen Barringer

James Allen Barringer

Posted

I meant if you were entitled to notice but did not receive notice, you might be able to get the order set aside on the basis of extrinsic fraud.

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