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By: Scott Grossman on June 18th, 2018

I am not receiving my rightful inheritance. Who should I pursue legal action against?

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. Since time is of the essence when you suspect wrongdoing by an executor or a trustee, it is vital that you seek guidance immediately when you are not receiving your rightful inheritance.

In order to determine who to pursue legal action against when you are not receiving your rightful inheritance, consider taking the following actions:

  1. First of all, contact an experienced San Diego probate litigation attorney for a consultation.
  2. Furthermore, review the terms of the Trust.
  3. Additionally, review the terms of the Will.
  4. Also, determine who currently holds title to the assets in question.
  5. Furthermore, determine who currently has control over the assets in question.
  6. Gather all correspondence between the executor, the trustee, and yourself with regard to the assets and potential distribution.
  7. Finally, obtain copies of the Trust and estate inventory and accountings.

In conclusion, understanding whether you should pursue legal action against an executor vs. a trustee in California when you are not receiving your rightful inheritance is vital to the success of your claim. Choosing the right lawyer for your case is equally important.

If you are ready to start your case, then please give us a call or fill out our Get Help Now form. A comprehensive overview of California Probate is available here. Should you have additional questions about trust litigation, you will find plenty of useful information in our Learning Center.