Legal Question in Wills and Trusts in California

Re: trying to collect inhertence

1. No.

2. Yes.

3. California.

4. Yes.

Re: trying to collect inhertence

Were you given notice of the action? Did the final report indicate that you were recieving a share? Did the executor post a bond? These are very important questions, that can take the analysis in various directions. I'd have to handle this one via a phone call.

Phillip C. Lemmons, Esq.

Re: trying to collect inhertence

Suit against the estate would be in California; there might be an argument that you need to sue the executor personally in Arizona, but your suit would name both as defendants so California would be the state in which to sue. Normally there is a statute of limitations on suits but you could argue that a trust was created and that there is a contuining obligation.

Why does he refuse to give you your share? Being in prison would not be a justifciation unless it was for the killing of the Will maker. Try to get his reasoning in writing. You can claim interest because he should have paid you and the delay results in additional damage to you [but you might be able to go back only three years because of the Statute].