Legal Question in Wills and Trusts in California

Estate Not distributed as oputlined in will

In the mid '70's my Grest Aunt passed away and left me a large stamp collection. My mother was executor of the will. I was in 9th or 10th grade at the time. I am now 45 years old. My mother never gave me the stamp collection always telling me she was keeping it safe. We have had some issues lately and I have pressed her in regard to the stamp collection that was mine. She recently told me that she and her brother sold it around 1997 or 1998. I did not receive the funds they sold it for nor will she tell me how much she received for it.

Do I have any recourse to collect what should have been mine?


Asked on 2/25/05, 3:05 pm

1 Answer from Attorneys

Donald Field Donald L. Field, Jr., Attorney at Law

Re: Estate Not distributed as oputlined in will

this question cannot be answered completely or correctly without additional information.

1. do you have a copy of the will?

2. did you receive notice of probate?

3. do you have any documents referencing the county and case number for the probate?

4. do you have any document in writing where the executor promises to give the stamp collection to you?

5. did the executor receive a final discharge?

because of the length of time, it may be difficult to take legal action against the executor now. in any case it is likely to be expensive and therefore depends upon the value of the stamp collection.

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Answered on 3/01/05, 12:54 pm


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