Legal Question in Wills and Trusts in California

Enforce a Dispersal Order

State of California

If the executor of an estate does not disperse funds according to the Judge's order, what legal recourse does a beneficiary have?


Asked on 3/10/11, 4:00 pm

2 Answers from Attorneys

Eliz. C. A. Johnson Eliz. C. A. Johnson

A Beneficiary has standing so can file a Petition in Probate Court to compel the payment. Does that answer your brief question.

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Answered on 3/10/11, 4:07 pm
George Shers Law Offices of Georges H. Shers

The proper term, if you are going to file the motion yourself, is "disbursement". Since the court will charge you about $365 to file the petition [now they charge for almost anything], you should include a request that the court also either order sanctions against the administrator and payable to you for the cost of the petition and/or surcharging the administrator as to the fees he/she will eventually get from the estate, with that reduction in fees going to you for your "common fund" work for all beneficiaries.

Before you file the motion and spend your time and money on it and get the administrator upset with you, have some neutral party read the Order and the Will and see if their is a failure to comply, then politely but firmly ask the administrator why the Order has not been complied with and why you should not very soon file a motion to comply compliance and seek sanctions. Maybe the administrator just needs a quick kick in the pants. But if they are really at fault, you better check the accounting and inventory to see that everything is correct and that there were not over payments.

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Answered on 3/10/11, 4:44 pm


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