When your inheritance doesn't arrive on time then do something about it immediately.

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Trust Litigation & Probate Litigation

11/18/2009
Scott Grossman
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When you don't get your inheritance do something about it NOW!

Recently I have been getting a bunch of calls from people who didn't get their inheritances... over a decade ago.  Maybe it's the time of the year.  Thanksgiving is around the corner and New Years Day is on the horizon.  People want a sense of closure and their missing inheritance is on their minds.

It's perfectly understandable to believe it when a family member is in charge of the probate or trust tells you the money won't be coming for a long time or that the money is going to someone else.  It makes sense you don't want to create waves in the family.  It's okay to shrug your shoulders saying you didn't want anything anyhow.  If you are willing to accept any of these situations that's fine.  But don't let it go for years and years and years and then decide to look into your situation.

The most perfect case in the world isn't worth a thing if you let it go too long.  California, like every other state, has statutes of limitation.  These statutes set time limits on when you sue.  Make no mistake about it, probate litigation, will contests, and trust litigation are all lawsuits.  You may have as little as 120 days to file suit.  You may have 4 years or longer.  There is no benefit to waiting to find out if you have a case. 

If you haven't gotten the inheritance you believe you are supposed to receive then look into it NOW!  Waiting too long can cause you to lose a case you would otherwise win.



The Grossman Law Firm, A.P.C. are San Diego, California probate lawyers.  We help probate estates in San Diego County, California.  We appear in the San Diego probate court for probate cases that come San Diego County south of Escondido.  We appear in the North County San Diego/Vista probate court for probate cases that come from Escondido all the way north to Fallbrook, California.  If you  would like more information on probate and trust administration then order our free book The Insider's Guide to California Probate and Trust Administration as well as our free DVD Probate a Will or Administer a Trust After the Death of a Loved One.


4 Comments to "When you don't get your inheritance do something about it NOW!"

Yes, there is something you can do to get the money back. A petition can be filed with the probate court alleging your mother transferred the CD's out of the trust when she was mentally incompetent and/or subject to undue influence. The petition will ask the court to order the return of the money or an equivalent amount of damages.
Posted by Scott Grossman on April 1, 2011 at 06:31 PM
In feb. my mentally ill mother died. The year before, her husband of over 30 years died and my mother was unable to cope with being alone. During this last year an old friend, my mother hadn't heard from in over 58 years, contacted my mother and my mother suddenly took her CD's out of her trust and signed them over to her and a second cousin, that my mother had almost no contact with. Prior to her death she stated that she was going to remove the old friend from the cd's, but she didn't live long enough to do so. Originally the cd's were part of the trust set up with her children as trustees. The cousin admitted that our mother was not in her right mind, for the past year and agreed to sign the cd's back into the trust. At the last minute she changed her mind and decided to keep the money. We feel that these people conned our mother into signing her cd's over to them with promises of helping her. Is there anything we can do to get the money back.
Posted by Sharon Sager on March 30, 2011 at 02:01 AM
If she won't use your inheritance to pay for your education then you probably need to file a petition with the probate court to get an order making do it.
Posted by Scott Grossman on September 2, 2010 at 06:31 PM
now my mom has controll of my inheritance but she wont give it to me to go to school, when she has the option to. How do I get it.
Posted by Gerald White on August 21, 2010 at 01:57 AM

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