What is a Beneficiary Dispute?
A beneficiary dispute is litigation over the division of assets in a trust or will. There are many reasons a beneficiary dispute might arise such as a will providing for the division of an asset that is no longer in existence or was disposed of before death. Generally, the beneficiary dispute is litigation between two or more beneficiaries who disagree over the division of an asset. It is not an action against the trustee or executor.
Additionally, even if all the beneficiaries are in agreement over the distribution of an asset they may need to get court approval or petition the court if, for example, the will or trust is ambiguous.
Do I Have a Case?
You may have case even if the will or trust divides property differently than how you wish. For further discussion of possible claims you may want to read my other posts about estate and trust litigation. There are many possible ways you can litigate a dispute over the distribution of property. Obviously, the best outcome is if you can agree on a different distribution of assets than the will or trust provides. However, even you agree, you may need to petition the court to distribute the property differently than the will or trust.
In the unfortunate circumstance you cannot agree, and even if you can, the best option is to hire a lawyer to help you navigate this complicated and detail-oriented area of law. Please, do not hesitate to contact me at (310)598-7191 or email@example.com and we can determine the best way forward for your case.