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Constructive Trust and Unjust Enrichment

Unjust Enrichment and Constructive Trusts

“Unjust enrichment” occurs when someone seeks an award of money or property because a deceased person was enriched at their expense without a legal reason.  If this can be tied to specific property, a “constructive trust” may form over the property, giving the contributor an interest in the property.

You need to prove:

  1. you enriched the deceased person;
  2. you were deprived of something, possibly money, time or, effort; and
  3. there was no juristic (legal) reason.

An unjust enrichment case can occur in several circumstances, including:

  1. taking care of an elderly friend or relative without pay for an extended period of time prior to their death;
  2. performing work for someone without pay prior to their death;
  3. contributing to the maintenance or mortgage of a house; or
  4. performing housekeeping for someone without pay prior to their death.
Eric Katzman

Lawyer & Owner

Eric Katzman

Eric Katzman is an experienced lawyer at Katzman Estate Law who can help with estate matters. Within a few minutes on the phone, Eric will get to the heart of your estate issue, whether it is a litigation or probate matter.

No-obligation, confidential phone calls with Eric are completely free. Call 1-844-602-4242 for more information.

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