When people lose a loved one, they often not only have to contend with the emotional impact of the person’s death, but in many instances, they also have to fight family members who unjustly violate their property interests in the decedent’s estate. The California courts do not view people who dispose of or conceal property that belonged to a decedent in bad faith kindly, and will often issue harsh penalties to parties who engage in such conduct. In a recent California ruling, the court explained what relief is available for parties aggrieved by bad faith conveyances. If you need to protect your property rights in a probate case, it is advisable to consult a California probate and trust lawyer regarding your rights.
The Factual and Procedural History
It is reported that the decedent died in October 2013. Soon after his death, the plaintiff and the defendant began arguing over his estate. First, the defendant petitioned to admit a will purportedly signed by the decedent in 2009 into probate. The plaintiff objected to the petition on numerous grounds, including the allegation that the defendant drafted the will and named herself as the sole beneficiary. He also filed a petition challenging the validity of numerous trust documents the defendant drafted and executed on the decedent’s behalf. The court consolidated the will contest and trust petition.
Allegedly, the court ultimately granted the plaintiff the relief sought via the petition, including the return of multiple parcels of land that belonged to the decedent’s estate, and imposed a penalty of over $10 million, which represented twice the value of the parcels. The defendant appealed, arguing that such penalties were impermissible under the law. Continue Reading ›