Legal Question in Wills and Trusts in California

Re: Would like to take portion of money from estate

Thank you very much for your question. First as to the attorney conduct, the executor has every right to terminate his/her relationship with the attorney if the attorney is not handling the estate in a timely manner. This may be such an instance.

As to obtaining a share of the inheritance, that is perfectly acceptable provided that all heirs are in accord, enough is left in the estate to pay all the bills and expenses, and court approval is obtained. The good approach is to distribute an equal amount to all heirs, with first obtaining court approval.

If you have any further questions, please do not hesistate to contact me at (408) 268-2580.

Sincerely,

Kai H. Wessels, Esq.

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, in a manner that provides for thorough communication so that thorough legal advice can be provided in a manner that relates to your specific circumstances.

Re: Would like to take portion of money from estate

Congratulations on the brush-off from the attorney. If the executor doesn't receive better assurance than this, he may wish to change attorneys--it sounds like the only work remaining is to prepare the accounting (or waiver of accounting) and petition for final distribution. If there is something preventing this filing, he can prepare a petition for partial distribution of the estate.

The probate code also discourages leaving estates open longer than one year from the date of someone's death without good reason, so there's more incentive for closing the estate in a timely way.