
I’m Not Getting What I’m Supposed to from Parents’ Estate
I’m not getting what I’m supposed to from my parents’ estate. What can I do about it?
I’m not getting what I’m supposed to from my parents’ estate. What can I do about it?
Administering an estate in California is a complex, lengthy, and expensive procedure. When issues arise, such as when you suspect the executor is acting unfairly, it can be confusing as to what to do next.
Modifying an irrevocable trust is not a simple procedure. If changing trust terms were easy, it would increase the potential for the intent of the creator of a trust to be overlooked. California probate laws, however, do outline limited circumstances under which a trust can be changed or terminated.
If a disabled person is about to receive a substantial inheritance, these assets can be lost if proper action is not taken. Receiving financial inheritances can result in a disabled person’s disqualification from receiving certain benefits, such as social security or Medi-Cal.
Under the laws governing wills and trusts in California, a beneficiary may be disqualified from receiving an inheritance in certain circumstances. For this reason, other beneficiaries or the executor or trustee of an estate or trust may bring forward a San Diego probate litigation matter.
Under California law, an action for partition is available to co-owners of property who want the court to divide real estate in an equitable manner among the parties. California probate or trust administrations often result in real estate being owned by multiple parties who otherwise would not choose to purchase or own property together.
Whether you should pursue legal action against an executor vs. a trustee in California depends on many factors. Trust and estate litigation in California is a complex area of the law and requires the guidance of an experienced legal professional.
Wondering whether you should pursue litigation when an executor does not distribute property under a California will? View here for more.