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Fraud in Trust and Estate Instruments

Will/Trust Contests: Unraveling Allegations of Fraud in California

Understanding Fraud in Will and/or Trust Challenges

Fraudulent activities can cast doubt on the validity of an estate planning document. In the context of estate litigation and trust litigation, allegations of fraud may arise when there are suspicions of deceit, misrepresentation, or other dishonest actions related to the creation or modification of a will or trust.

Common Indicators of Fraud:

False Representations:

Making false statements or representations to influence the trustor's decisions.

Concealment of Information:

Withholding material facts or intentionally concealing information relevant to the estate planning instruments.

Forgery or Alteration:

Fraud may involve the forgery or alteration of estate planning documents or signatures.

Initiating a Will or Trust Contest Based on Fraud

1. Legal Standing:

Beneficiaries, heirs, or interested parties who suspect fraud may contest the will or trust, challenging its validity.

2. Burden of Proof:

The party contesting the estate planning based on fraud typically bears the burden of proving the allegations by clear and convincing evidence.

3. Legal Remedies:

If a will or is successfully contested based on fraud, the court may declare the trust invalid, modify its terms, or take other appropriate actions.

How Estate Law California APC Can Assist

At Estate Law California APC, we understand the elements of fraud in matters involving elders, trusts, and estates and the importance of swift action. Estate Law California APC is dedicated to:
If you suspect fraud with regard to an elder or their estate planning or need assistance assessing your rights, contact Estate Law California APC for a free confidential telephone consultation.
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