What Happened
A recent first-person essay in Fortune describes a wealthy San Francisco couple in their eighties who revealed their estate plan to their four adult children. The author, a family business advisor who says she is not an attorney, helped organize that conversation. She writes that she used pseudonyms and changed several identifying details to protect the family’s privacy.
According to the account, the couple’s assets total more than $1 billion. Years earlier, each of their four children, now in their fifties, received a lifetime gift of roughly $25 million. The children reportedly assumed they would inherit most of the remaining estate. They will not.
Under the plan as described, the children receive lifetime use of the family’s homes. Those homes would be held in trust with money set aside for upkeep. Most of the remaining wealth would fund a charitable foundation focused on mental health and education. An outside adviser would run the foundation, and the couple’s eleven grandchildren, now in their twenties, would guide its decisions. The husband also reportedly chose his longtime executive assistant to vote his company shares. He left her a bequest of about $10 million at his death, plus $1 million per year after that.
The author writes that the husband expected at least one child to object. She says she urged the couple to share the plan partly to lower the risk of a lawsuit, and she singled out the provisions for the assistant as the most likely to send the children to a lawyer. The family met over two days in 2025. The essay’s headline indicates the children took the news poorly. Nothing in the account suggests any lawsuit has been filed or that anyone acted improperly.
The essay also cites a Wells Fargo survey of 800 Baby Boomer parents and 800 adult children. In that survey, 61% of the children said inheritance had already caused problems in their families, compared with just 29% of the parents.
Who May Be Liable
Start with a point many families find hard to hear. In California, people generally have the right to leave their property to anyone they choose, including a charity, a friend, or an employee. Adult children have no automatic right to inherit. A surprising plan is not, by itself, a wrongful one.
When a will or trust is challenged in California, claims are usually brought against one or more of the following:
- Beneficiaries accused of undue influence. Someone who receives a large or unexpected gift and had a close, trusted relationship with the person making the plan could be named if heirs believe that relationship was abused. The reported account contains no suggestion that the assistant did anything wrong. The essay presents the plan as the husband’s own deliberate choice.
- Trustees and executors. People who manage an estate owe fiduciary duties, which are legal obligations to act honestly and in the beneficiaries’ interest. They could be liable if they mismanage assets, fail to keep beneficiaries informed, or play favorites.
- People given control over business interests. Someone authorized to vote company shares for an estate or trust may owe duties to the beneficiaries, depending on how that authority is structured.
- Drafting attorneys, in limited cases. California courts have allowed intended beneficiaries to bring malpractice claims in narrow situations, such as when a lawyer’s error defeated a client’s clear wishes.
- Charitable fiduciaries. Directors of a charitable foundation must follow its governing documents. The California Attorney General has oversight authority over charitable assets.
Legal Theories That May Apply
- Lack of testamentary capacity: Under California Probate Code §6100.5, a will may be invalid if the person signing did not understand the act, the nature of their property, or their relationships with family.
- Undue influence: A gift may be set aside if pressure overcame the person’s free will and produced an unfair result.
- Presumed undue influence for certain recipients: Probate Code §21380 presumes fraud or undue influence for some gifts to the person who drafted the document, certain fiduciaries, and care custodians of dependent adults. This presumption shifts the burden of proof to the recipient.
- Fraud or duress: A document obtained through deception or coercion may be challenged.
- Improper execution: A will that was not signed and witnessed as California law requires may be invalid.
- Breach of fiduciary duty: Trustees, executors, and agents could be liable for self-dealing, careless management, or failing to inform beneficiaries.
- Financial elder abuse: Taking or keeping an older adult’s property for a wrongful purpose or with intent to defraud may support a claim under the Welfare and Institutions Code.
- Lifetime gifts as advancements: Under Probate Code §6409, lifetime gifts generally count against an heir’s share only when there is no will and the gift was documented in writing as an advance. Many families misunderstand this rule.
Damages Victims May Recover
Estate disputes differ from injury cases. Medical bills and lost wages rarely apply. Depending on the facts, available remedies may include:
- Invalidation of a document. A court may strike all or part of a will, trust, or amendment and restore an earlier version or an intestate share (what an heir would receive if there were no will).
- Return of property. Wrongfully held assets may be recovered through a petition under Probate Code §850.
- Double damages. Probate Code §859 allows recovery of twice the value of property taken in bad faith.
- Removal and surcharge of a fiduciary. A trustee or executor may be removed and ordered to personally repay losses.
- Attorney fees and costs. These may be available in certain financial elder abuse cases.
- Punitive damages. These may be awarded where malice, oppression, or fraud is proven by clear and convincing evidence (Civil Code §3294).
- Interest and lost returns. These may be recovered on mismanaged assets.
Evidence That Strengthens a Case
Whether you are challenging a plan or defending one, the following evidence often decides these cases:
- Medical and cognitive records from around the signing date
- The drafting attorney’s file, including notes, meeting attendees, and who paid the fees
- Earlier versions of the will or trust, which can show a consistent pattern or an abrupt change
- Emails, texts, and letters between the person making the plan and the beneficiaries
- Financial records showing transfers, account changes, or shifts in business control
- Witness statements from signing witnesses, household staff, friends, and advisors
- Letters of intent or records of family meetings explaining the person’s reasoning. A meeting like the one described in the essay could later serve as evidence that a plan reflected independent wishes.
- Video recordings of the signing or of the person explaining the plan
What to Do Next
If you are an heir who was surprised by a plan:
- Request a copy. When a trust becomes irrevocable, California trustees must notify beneficiaries and heirs, who may then request a copy of its terms.
- Watch the deadline. A trust contest generally must be filed within 120 days after the trustee’s notice is served (Probate Code §16061.8). A will contest generally must be filed within 120 days after the will is admitted to probate.
- Preserve evidence. Keep messages, cards, photos, and financial documents.
- Do not sign releases or receipts until someone has reviewed them for you.
- Check for a no-contest clause before taking any action.
If you are a parent planning ahead: Write down your reasoning. Consider whether a capacity evaluation makes sense, and think about a family meeting. If you are leaving significant gifts to people outside the family, ask about independent review.
If you or a loved one has been caught off guard by a parent’s estate plan, or you want to build a plan your family will understand and respect, LA | Estate Plans is here to help. We can review your documents, explain your options under California law, and help you move forward with clarity. Visit https://laestateplans.com to schedule a confidential consultation.
Frequently Asked Questions
Can I sue if my parents left most of their estate to charity instead of me?
Not simply because the plan is disappointing. California generally lets people leave property to whomever they choose, including charities. A challenge may be possible only if there is evidence of a legal problem, such as lack of capacity, undue influence, fraud, or improper signing.
How long do I have to contest a will or trust in California?
Deadlines are short. A trust contest generally must be filed within 120 days after the trustee serves the required notice, and a will contest generally within 120 days after the will is admitted to probate. Because exceptions may apply, speak with a lawyer as soon as you learn of the plan.
What if a parent left a large gift to an employee or caregiver?
A large gift to someone outside the family is not automatically improper. However, California law presumes fraud or undue influence for certain gifts to care custodians of dependent adults, the person who drafted the document, and some fiduciaries. Whether a particular gift may be challenged depends on the relationship and the circumstances.
Do big gifts my parents gave me during their lifetime count as my inheritance?
It depends. If there is a valid will or trust, its terms usually control. If there is no will, California generally treats a lifetime gift as an advance on an inheritance only if it was documented in writing as such.
Will I lose my inheritance if I challenge a will with a no-contest clause?
Possibly, but not always. California enforces no-contest clauses only in limited situations, and a direct contest brought with probable cause generally does not trigger one. Get legal advice before filing anything.
Can my parents keep their estate plan secret from me?
Yes. While they are alive and the plan is revocable, they are not required to share it. Once a trust becomes irrevocable, typically at death, the trustee must notify beneficiaries and heirs, who may request a copy of its terms.
Is it a good idea for parents to tell their children about their estate plan?
Many estate planners believe it can be. Explaining your decisions while you are alive may reduce surprise, clarify your intentions, and create a record that the plan reflects your own wishes. You remain free to make your own choices, because disclosure is about informing your family, not asking permission.
Original reporting: fortune.com.