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By: Scott Grossman on June 18th, 2018

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 then 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 incapacity, fraud, or undue influence.

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.