Legal Question in Wills and Trusts in California

Distribution of assets

Stepsister is executor of will.Parents passed in May.Two children and two stepchildren are to have equal shares of estate,which consists of one bank account only.My sister does not get along with my brother and keeps coming up with excuses for not distributing the account, her first being she hates him and does not want to give him anything. Second excuse she had to wait forty days, then she had to file the will which she has not done because all she has is a copy and says she needs the original which the lawyer has not sent.Now it is medical bills that need to be paid.She has also put a hold on the account saying that it cannot be distributed unless all sibling are there as my brother did not want to go the bank but have the check forwarded. There is no probate.The bills should be paid as they had no bills other than medical that medicare pays. How long should we have to wait for the distribution of funds.Thank you in advance for your assistance.


Asked on 7/20/99, 4:26 pm

1 Answer from Attorneys
MICHAEL MILNES Law Office of Michael A. Milnes

Re: Distribution of assets

The 40 day delay for drawing funds out of a bank account in your parents name is built into the statute that permits these type of transfers. All bills should be paid before money is distributed, oitherwise the creidtors can pursue heirs to the extent they received money. The lawyer has a duty to file the original will with the court within 30 days after being noticied. That is the law and he should be written a letter to tha effect. This is not starting a probate; the court acts as a depositary for all wills, whether probated or not. Otherwise, you are well within the usual time periods to get all this accomplished. All the heirs are going to have to sign the document before the bank wil release the funds. It is not necessary that you all appear at thye bank; onl;y that the bank's form be signed. You might want to consider separate checks, if the bank will do so, or one of you act to deposit and disburse the funds.

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Answered on 7/21/99, 4:26 pm


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