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If an Executor Fails to Follow the Terms of a California Will, they may Need Litigation!

When an executor fails to follow the terms of a California will and distributes assets outside of the probate proceedings, it is vital for the beneficiaries to consider pursuing probate litigation. Assets that pass under the terms of a will must be distributed as part of a probate administration. Unfortunately, there are times when an executor fails to follow the terms of a California will. The result could be harm to the assets and a loss of an inheritance.

Generally, the types of assets that will be distributed according to the California will include:

  1. First of all, assets that were owned in the decedent’s name individually
  2. Also, assets that did not have a named beneficiary
  3. Furthermore, assets that were not held in a living trust
  4. Additionally, assets that are payable to the estate of the decedent
  5. Lastly, assets that are held as “tenants in common”

In conclusion, if the executor of the estate is attempting to distribute any of these types of assets outside of the probate process or the executor fails to follow the terms in a California will, it is vital to consider probate litigation proceedings. Waiting too long to take action could result in permanent damage to your inheritance.

To learn more about estate litigation matters, view our free guide, Winning the Inheritance Battle. Contact an experienced San Diego probate litigation lawyer today for a consultation by calling our toll-free number, (888) 443-6590. Or, you can also contact us via our quick and easy online form today. It would be our pleasure to further assist you.

Executor (noun):

Person named in a Will as the person who will make sure that the instructions in the Will are followed. They are responsible for executing the Will, and are either appointed by the court or by the deceased person. They are responsible for taking care of a deceased person’s financial obligations. Financial obligations include disposing of property and paying bills and taxes. The executor must also make certain that the deceased last wishes are carried out according to the Will.

Related Links:

Getting an Executor to Distribute Your Inheritance

Getting a Trustee to Distribute Your Inheritance

Scott Grossman

Scott Grossman


The Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307

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