Legal Question in Wills and Trusts in California
Executor withholding inheritance
My mother passed away last October and has named me to inherit one of her properties in California through a living trust. My sister, the executor, will not let me enter the property until it has been appraised for tax purposes. It has already been over four months and she has done nothing. The living trust has a no probate clause. I was told by my mother's attorney, that my sister has 9 months to settle this estate, but that she has to do it in a timely manner. I have no idea whether or not the insurance and taxes are up to date. I called my mother's attorney recently and he said that he is now my sister's attorney. He did agree to contract her, but so far he has been unsuccessful. Do I have any legal recourse at this time or must I wait until the 9 months are up?
2 Answers from Attorneys
Re: Executor withholding inheritance
You can file a petition with the superior court regarding this trust and request relief as appropriate. As long as you are not contesting the dispositive provisions of the trust, it will likely not be considered to be a contest. To be sure you would file a petition for declaratory relief before you file the petition for relief.
See:
PROBATE CODE SECTION 17200 through 17211
PROBATE CODE SECTION 21320 through 21322
at:
http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=prob&codebody=&hits=20
Re: Executor withholding inheritance
You can make a demand for information regarding the trust assets/liabilities and administration under probate code section 16061--if you get no (or an unsatisfactory) response after 60 days, you can file a petition requesting relief to move the process along.
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