Suggest that you contact an attorney direcly as opposed to an online questiona and answer forum.
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.
Once a probate gets messed up, it can be very difficult to fix . As a result, this case may take a lot of expert attorney assistance to unravel. It won't be free, but it should be paid for by the estate.
I strongly recommend that you find a California Certified Specialist in Estate Planning, Trust, and Probate Law to assist you in this matter. Without a good attorney, I feel your chance of success in this case are quite slim.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Constructive trusts are becoming increasingly important given the prevalence of abusive non-probate transfers. Living trusts, joint-tenancy bank accounts, durable powers of attorney and retirement plan designations are efficient estate transfer mechanisms, but they can also be invitations for fraud and undue influence by elder abusers. While estate related litigation ranges from traditional will contests to fraud and punitive damage claims, the utilization of the constructive trust action is expanding.
Constructive trust claims can be filed in courts with probate jurisdiction or in courts of general jurisdiction having authority over civil non-probate matters. The plaintiff’s choice for judicial oversight is based upon a mix of statutory limitations, strategy, tactics, ease of discovery and estimated time to trial.
Estate and trust litigation attorneys often share their clients’ frustration over the difficulties in remedying the financial abuse of the elderly. Remedies such as constructive trusts can go a long and creative way in preventing obvious and unfair results that would otherwise occur absent judicial intervention.
The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.