Legal Question in Wills and Trusts in California

Re: With held trust

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: With held trust

You may have to go to court to force distribution to you. Has the will been completely probated and has an order from the court distributing money to you been made? These are two important facts you need to provide before anyone can help you.

Re: With held trust

See an attorney with copies of what you have. Wills do not require notarization, but generally require two witnesses to the will-maker's signature, or that the will be in the will-maker's handwriting. If you are indeed entitled to something, and the trustee is incorrect in withholding your distribution, you may need to file a petition in probate court to force the distribution.

Re: With held trust

You may need assitance on this. It may be something that can be taken on a contingency basis. Call me directly at 1.619.222.3504.

Re: With held trust

You should, at a minimum consult with an attorney to review the part of the will that you do have as well as to discuss your options.

One major factor in deciding whether and how to pursue the matter will be the size of the estate, i.e., how much property was owned by the decedent (person who died) on the date of their death. If you can find out roughly how much they had it would be helpful.

You will also need to find out whether there was a will OR a trust OR both. Also, whether the will was "probated" meaning that it was lodged with the court and legal proceedings started.

Let me know if you want to speak by phone regarding the matter.

Caleb