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I am not receiving my rightful inheritance. Who should I pursue legal action against—the executor or the trustee?

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. Our article, Five Questions to Ask Before Hiring a Trust and Probate Litigation Attorney, provides guidance for finding the right professional. For more information about pursuing legal action with regard to a trust or estate, contact an experienced San Diego probate litigation lawyer today. Call our toll-free number at (888) 443-6590 for a consultation.

Estate Inventory (noun):

The Executor will make a list of everything that the deceased owned at their death. This list will be used throughout the entire estate settlement process. The inventory will list any Last Will and Testament, Codicil, Trust and any other legal documents. This inventory lists any property the deceased owned, income including Social Security Benefits, and debts the decedent owes. The Inventory will also define probate assets, assets with automatic inheritance rights, and trust assets, as well as give the location of the tax returns and other documents.

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.

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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