Legal Question in Wills and Trusts in California
My mother died in early 2017, the remaining estate under probate is a little over 52,000. My sister is the administrator. Probate proceedings started 5/23/17, it is now 10/10/19 and I keep getting told the estate will be paid out soon, the last info I got was they were waiting for the IRS clearance. They rec'd the state (California) clearance in Sept. My question pertains to the length of time this is taking and is my sister and her attorney dragging their feet on this. We've been estranged for 30 years, so I tried emailing the atty of the estate and have been told I need to talk to my sister.
1 Answer from Attorneys
I believe the best thing to do is to write a letter to the attorney, with the specific questions you have, with a copy to your sister. A writing is more likely to get some attention, and will have more impact if you have to go to court over this.
Your remedy is cumbersome, but it would involve a petition to the court to either have a distribution ordered (or an explanation of why it has not happened), or to replace your sister as the executor.
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