Disinherited By Siblings & Mother? Steps to Reclaim Your Deceased Father’s Promise – Before Mother Passes & Trust Assets Are Distributed

How To Fight For Your Father’s Wishes & Legacy He Created For His Three Daughters (Minus One)

What to Do When You’re Denied Your Promised Inheritance by a disagreement you didn’t start, a false misunderstanding, and not allowing your trustee to fulfill a plan that grantor expressly initiated.

If you believe you have been wrongfully cut out of a will or your inheritance has been compromised, there are several steps you can take to address the situation:

1. Obtain a Copy of the Will: The will is a public document once it has been submitted to probate court. You can go to the probate court in the county where the deceased resided and request a copy of the will. If the will has not yet been submitted for probate, you may not be able to obtain a copy until it is.
2. Contact an Attorney: It’s advisable to consult with an estate or probate attorney. An attorney can help you understand your rights and the legal options available to you. They can also assist in obtaining a copy of the will if it has been filed, or they can demand a copy on your behalf if it has not.
3. Challenge the Will: If you have grounds to believe that the will does not reflect the true intentions of the grantor due to undue influence, fraud, or lack of capacity, you may be able to contest the will in probate court.
4. Demand an Accounting: If a trust is involved, as a beneficiary, you have the right to an accounting of the trust’s assets. An attorney can help you formally request this information.
5. Mediation: Sometimes disputes can be resolved outside of court through mediation. A neutral third party can help facilitate a discussion between you and the other beneficiaries to reach an agreement.
6. Litigation: If other methods fail, you may need to litigate to assert your rights as a beneficiary. This could involve suing for your rightful share of the inheritance.
7. Probate or Trust Administration Review: If you suspect that the executor or trustee is not fulfilling their fiduciary duties, you can have a lawyer review the administration of the will or trust.
8. Investigate the Circumstances of the Will’s Creation: If you believe your sisters exerted undue influence over the grantor or if there was some sort of fraud involved, an attorney can help investigate and potentially gather evidence to support your claim.
9. Review Previous Versions of the Will: If you were included in previous versions of the will, those documents and the circumstances of any changes may be relevant to your case.
10. Seek a Settlement: If litigation seems imminent, the other parties may be willing to settle to avoid the costs and risks of court. An attorney can negotiate on your behalf.

Why Would A Beneficiary Buy A House That They Are Going To Inherit?

There are a few scenarios where a beneficiary might buy a house that they are set to inherit, and these usually involve specific circumstances or intentions laid out in the trust or will. 

Here are some reasons why this might happen:

1. Liquidity Needs of the Estate: If the estate or trust requires liquidity to pay debts, taxes, or other expenses, and there is not enough cash on hand, the trustee might sell assets, including a house. A beneficiary might choose to buy the house to keep it in the family while also providing the needed liquidity to the estate.
2. Equalizing Inheritance: Sometimes a trust or will provides for multiple beneficiaries with the intent to give them equal value. If one beneficiary wants a particular asset, like a house, they might buy it from the estate or trust, so other beneficiaries can receive their share of the inheritance in cash or other assets.
3. Beneficiary’s Personal Preference or Financial Planning: A beneficiary might prefer to purchase the property outright rather than have it as part of their inheritance for personal financial planning reasons. For example, they might want the purchase to be part of their investment portfolio rather than a personal inheritance.
4. Conditions of the Trust or Will: The terms of the trust or will might give the beneficiary the right of first refusal to purchase the house. This could be because the grantor wants to ensure that the house is sold rather than transferred, possibly to prevent disputes among beneficiaries or to ensure a certain amount of cash is distributed.
5. Tax Considerations: There may be tax implications that make purchasing the property more favorable. For example, if the beneficiary expects the property to appreciate significantly, they might prefer to buy it at a stepped-up basis value to minimize capital gains taxes in the future.
6. Maintaining Control: If the trust stipulates that the property is to be held in trust for a certain period or under certain conditions, a beneficiary might prefer to buy the house to gain immediate and full control over it.
7. Co-Beneficiaries: If a property is to be distributed to multiple beneficiaries, one beneficiary might buy out the others’ shares if they want sole ownership of the property.
8. Legal or Personal Complications: There might be other legal or personal reasons, such as a beneficiary’s desire to resolve disputes, simplify probate, or fulfill the grantor’s wishes in a way that’s not outlined in the trust.

Why Would A Beneficiary Buy A House That They Are Going To Inherit, Just To Be Cut Out Of The Will In The TEDRA Petition?

This situation could arise due to several complex factors:

1. Preemptive Purchase: The beneficiary may have purchased the house from the estate or trust before the distribution, possibly to resolve liquidity issues of the estate or to equalize the distribution among multiple beneficiaries.
2. Change in Circumstances: After the purchase, circumstances or relationships may have changed, leading other beneficiaries or parties with an interest in the estate to challenge the original will or the beneficiary’s standing.
3. TEDRA Petition: A TEDRA petition is a legal action that allows parties to resolve disputes involving trusts and estates. It can be used to modify the terms of a will or trust under certain conditions.
4. Dispute Resolution: The TEDRA process may reveal new information or legal arguments that persuade the court to alter the distribution of the estate, which could result in the beneficiary who purchased the house being cut out of the will.
5. Legal Strategy: It’s possible that the purchase of the house was part of a broader legal strategy by the beneficiary, which did not unfold as planned, leading to their disinheritance through the TEDRA petition.
6. Settlement: The beneficiary may have agreed to buy the house as part of a settlement agreement that was later incorporated into a TEDRA petition, which subsequently altered the terms of the will.
7. Undue Influence or Coercion: Other beneficiaries may allege that the purchase of the house was the result of undue influence or coercion, leading to a TEDRA petition to rectify the alleged impropriety.
8. Estate Planning Changes: The grantor of the will may have had a change of heart or circumstances that led them to alter their estate plan after the house was purchased.

The specific facts of the case would determine the best course of action for the affected beneficiary.

Does Distribute A House From A Trust To A Beneficiary, Mean That The Beneficiary Is Intended To Buy The House That She Is Going To Inheret After Grantor Passes?

No, the distribution of a house from a trust to a beneficiary typically does not mean that the beneficiary is intended to buy the house they are going to inherit after the grantor passes. 

In trust and estate law, a distribution refers to the transfer of assets from the trust to the beneficiary according to the terms set forth in the trust document.

Here’s how it generally works:

1. Creation of Trust: The grantor (also known as the settlor or trustor) creates a trust and transfers assets into it. The trust document outlines how these assets should be managed and eventually distributed.
2. Management of Trust: The trustee manages the trust’s assets according to the trust’s terms for the benefit of the beneficiaries.
3. Distribution: Upon a specified event, such as the death of the grantor, the trust assets are distributed to the beneficiaries. The terms of the trust dictate how and when this distribution occurs.
4. Inheritance of a House: If a house is part of the trust’s assets and the trust document specifies that a particular beneficiary is to receive the house upon the grantor’s death, the house is transferred to that beneficiary without the need for them to purchase it.

The key point is that the trust document will specify the terms of the distribution. If the trust says the beneficiary is to receive the house as part of their inheritance, then it is a transfer of property rights, not a sale. 

The beneficiary would take ownership of the house outright, assuming there are no other instructions or conditions in the trust document (such as the house being sold and proceeds distributed).

Types Of Extortion. Examples That Do Not Include Physical Threats.

Extortion is a crime that involves obtaining something of value from another person through coercion.

While many people associate extortion with physical threats, it can take various forms that do not involve the threat of physical harm.

Here are some types of extortion that do not include physical threats:

1. Blackmail: This is a form of extortion where the perpetrator threatens to reveal embarrassing, damaging, or incriminating information about a person unless a demand (usually for money) is met.
   1. Example: Threatening to disclose someone’s affair to their spouse unless they pay a sum of money.
2. Cyber Extortion: In this form, the extortionist demands payment by threatening to carry out or continue a cyber attack, or by threatening to disclose sensitive data obtained through a cyber breach.
   1. Example: Demanding payment to prevent the release of stolen confidential data during a data breach.
3. Economic Extortion: This occurs when someone demands payment or services by threatening the economic interests of the victim.
   1. Example: A building inspector threatens to condemn a property or fail an inspection unless the property owner pays for a “re-inspection fee.”
4. Sexual Extortion (Sextortion): This involves the threat of releasing sexually explicit images or information about a person unless they provide sexual favors or money.
   1. Example: Threatening to release intimate photos of a person unless they agree to certain demands.
5. Emotional or Psychological Extortion: This involves manipulating someone’s feelings to compel them to give up money, property, or services.
   1. Example: A family member threatens to cut off all family ties unless they receive financial support.
6. Legal Extortion: This can occur when someone uses their legal authority or the threat of legal action to demand payment or some other benefit.
   1. Example: A lawyer threatens to file a frivolous lawsuit unless a settlement is paid, even when the underlying claim is unfounded.
7. Corporate Extortion: This happens when individuals or groups threaten a company’s operations or reputation to extract concessions or payments.
   1. Example: Threatening to organize a boycott or spread false information about a company’s products unless the company pays a fee.
8. Loan Sharking: While often associated with the threat of physical violence, loan sharking can also involve other forms of coercion to enforce repayment of debts with exorbitant interest rates.
   1. Example: Threatening to report a debtor to credit agencies or their employer unless they make immediate payment.

It’s important to recognize that extortion is a serious criminal offense, and the specific legal definition can vary by jurisdiction.

The examples provided here are for illustrative purposes and may or may not constitute a crime depending on the context and local laws.