Legal Question in Wills and Trusts in California
Early/ Equal distributuion
My parents both passed away within the same month. My hus is successor trustee and I am executrix of the estate. My sibling is considering contesting the will/trust. There is a bank account with some liquid funds available. Can I Take money out ( part of my inheritance) just for myself or legally do I have to give my sibling the same amount as an early/equal distribution?
2 Answers from Attorneys
Re: Early/ Equal distributuion
In order to best address the issues presented in your inquiry, our office would be happy to provide you with a free 30 minute telephone consultation. Please feel free to contact our office, toll free, at 1.877.MOHEBAN. Ask for Vandy Moheban, Esq. www.lmapc.com
Re: Early/ Equal distribution
If you do take an early distribution, it's probably better to distribute some to both you and your sibling.
However, if your sibling is considering contesting the will and/or trust, I'd recommend no distribution, which would only serve to fund his/her possible lawsuit against you and the will/trust. If you haven't sent out the required notices for the will and the trust, see an attorney about this right away to start the clock running on your sibling's time to file suit (generally four months from the time of the correct notice).
Also, is there a no contest clause in either the will or trust? It'd be good to see an attorney about defenses to a contest soon too.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
