What Are Common Acts of Fraud in Trust or Probate?

I'm Mike Hackard of Hackard Law. We handle substantial trust, estate, probate and elder financial abuse litigation cases in California's largest cities and counties. Frequent venues include Sacramento, Los Angeles and the major Bay Area Counties in between - including San Mateo, Santa Clara, Alameda and Contra Costa Counties.
While every case is different, there are often some common acts of fraud in trust, estate or probate lawsuits. I'll talk about some of my own observations of these common acts of fraud in trust and probate disputes.
Let's start with the difference between actual and constructive fraud. California law defines actual fraud as consisting "in any of the following acts, committed by a party to the contract, or with his connivance, with intent to deceive another party thereto, or to induce him to enter into the contract:
1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true;
2. The positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true;
3. The suppression of that which is true, by one having knowledge or belief of the fact;
4. A promise made without any intention of performing it; or,
5. Any other act fitted to deceive."
Then there's constructive fraud. According to California law, "Constructive fraud consists:
Read more: www.hackardlaw.com/common-act...

[@trackmastersdj]

In a case where a fraudulent Trust was created through Undue Influence & Lack of Capacity: Let's say the document is determined to be VOID by the court and the valid pre-existing Trust is accepted as the correct one. How do the beneficiaries collect their inheritance? Does the probate judge order the stolen assets to be returned and distributed according to its terms? How does that work.

[@jimsmithnyny8905]

What if you sue the trustee and they immediately do the following 1. Not reply, answer, respond to your summons ?..2. Does demurrer and motion to strike ? 3. Disqualifies the judge ? 4. Demands that you answer to their demurrer and m to s ? Immediately demands a jury trial within a year ? And other offensive motions, to cover their guilt.....

[@nidasalvador9705]

Sorry they do to disclaimer 80% but I don't say to my stepdaughter n his attorney to I like disclaimers I need my late husband share .I don't say anything for theme to I like disclaimer .so pls pls I need help to get my share plspls