The probate of an estate in California can take a long time. Consequently, this leaves beneficiaries frustrated when they have not received their inheritance after the death of a loved one. Yet, there are many legitimate reasons why a probate may take a long time to complete. Unfortunately, sometimes the delay is merely due to an executor who is neglecting his or her responsibilities. It can be exhausting when an executor takes too long. As a beneficiary under these circumstances, take action to protect your rights. Keep on reading to find our more about what you can do when the executor takes too long.
What are Your Options When the Executor Takes Too Long?
The first step in forcing an executor to complete the probate, is to consult with an experienced Riverside probate lawyer. As a result, they will guide you through the complex California probate laws. Once you have met with an attorney, he or she will help you to address the following important steps.
- First, gather evidence of executor misconduct, if you suspect such activity exists. This may include the executor’s failure to fulfill any of his required duties, embezzlement of estate funds, mismanagement of estate funds, or fraud.
- Then, If the delay in completing the probate is due to incapacity, assemble documentation to support that claim. This means proving that the executor is unable to complete the probate. Reasons include injury, medical illness, mental health problems, arrest for a crime, or involvement in complex litigation.
- Finally, demonstrate that the executor is not administering the estate in the best interest of the beneficiaries. An example of this situation would include allowing for a significant waste of estate assets or incurring unnecessary estate expenses as a result of the extreme delay in carrying out the estate.
If you wondering what course of action you should pursue when the executor takes too long call our toll-free number today at (888) 443-6590. Or fill out our quick and easy contact form today. It would be our pleasure to further assist you.
AttorneyThe Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307