I’m Not Getting What I’m Supposed to from Parents’ Estate

Are you wondering why you are not getting what you are supposed to from your parents’ estate?  Well, that all depends on the reason you aren’t getting what you’re supposed to. If there is a valid trust or will and you simply have not received what the trust says you’re supposed to then you will need to file a petition with the probate court to compel the trustee or executor to carry out the terms of the trust.

If the trust/will was changed before your parents’ death to disinherit you, you’ll need to challenge the new trust/will.. This requires going to court and filing a trust contest or will contest. If you are not getting what you’re supposed to from your parents’ estate because the property was transferred to someone else before your parents death than you’ll need to see what the circumstances surrounding the transfer were. If there is an innocent reason for the transfer you may not be entitled to the property left to you. But if there’s not an innocent reason, you will need to go to court to challenge the transfer. Non-innocent reasons could include an incapacity, fraud, or undue influence.

Probate (noun):

The process of proving in court that the will of a person who has died is valid.You must prove that the last will and testament of a deceased person is genuine to a competent judicial authority.Not all wills must go through this in California. See our infographic to help you determine if your loved one’s estate must go through probate.

Petition (noun):

A formal written request made to a Court in order to ask for some type of relief. It can be for made for many things. It can be made for anything that requires some type of Petition filed. An example is a Petition to Probate a Will, this is usually submitted with the will to the Court to request the Executor be given the formal power to carry out the Will.

 
Scott Grossman

Scott Grossman

Attorney

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