If your inheritance is at risk, how quickly you take action matters. Learn how a Keystone probate attorney can help protect your inheritance.
Many people assume that receiving an inheritance is a passive process — one that simply involves waiting for a check to arrive. In reality, while direct involvement is not always required, taking a completely hands-off approach can work against you.
An inheritance can be compromised due to misconduct, mismanagement, an unintentional error, or even baseless trust and will disputes. The problem is that you may never realize this has happened unless you take proactive steps to ensure that the trust or estate administration is progressing timely, smoothly, and in accordance with the law, and that property is being properly handled.
Consider the example of a grandson who is told by a relative that he has been named as a beneficiary of his grandmother’s trust. Believing this information to be true, he continues with his daily life, expecting his inheritance to be distributed when the time comes. He does not request copies of the governing estate planning documents, confirm whether his inheritance will pass through probate or a trust, or seek updates on the administration. He simply assumes it will arrive.
However, months pass with no communication. Eventually, years go by, and the grandson comes to believe that his relative must have been mistaken about his beneficiary status. Estranged from much of the family, he never raises the issue. Only later does he learn from a sibling that another sibling — who served as trustee — intentionally withheld his inheritance due to a longstanding family rivalry.
By this point, the grandson’s legal options may be limited. Although recovery may still be possible, the passage of time makes the process more complex and often reduces the likelihood of a full recovery. While Keystone has successfully recovered inheritances stolen years after a decedent’s death — including assets taken by a caregiver through fraud — cases like these are inherently more difficult and costly.
Had the grandson understood California inheritance law and the rights it provides, the outcome may have been very different. He would have known that beneficiaries are entitled to copies of estate planning documents in which they’re named, information about their inheritance, accountings, and timely distributions. He also would have recognized that an executor/administrator or trustee cannot withhold an inheritance without legal justification, and that fiduciaries who do so can be held accountable.
Instead, he now faces the far more difficult task of asking the court to reopen a closed trust in order to pursue litigation over assets distributed years ago, which now may be long gone. Additionally, he might face issues surrounding statutes of limitations and other defenses. While the court will take action in cases involving serious breaches of fiduciary duty, it strongly favors finality and may question why the beneficiary failed to act earlier despite having reason to believe an inheritance existed.
Acting promptly is often the key to resolving inheritance issues before they escalate beyond easy repair. In many cases, involving an experienced probate attorney early in the process helps ensure that no issues are overlooked, fiduciaries are held to their obligations, and your rights are fully enforced — all so you ultimately receive the inheritance you are entitled to.
