Legal Question in Wills and Trusts in California

I would need more information in order to answer your question as it relates to your particular case. Generally and assuming that the estate is being probated, it is not uncommon for an executor to hold back funds in case the estate or the decedent will owe income taxes, for example, or where additional expenses or claims are expected to be paid. Once those matters are cleared up, the executor will usually distribute the remaining funds to the beneficiaries and close the estate. However, in order to make any distributions and/or hold back funds, the Probate court would have had to approve these actions. In most instances, the executor would also have had to make an accounting to the court as well. If the executor failed to do any of this, you may need to file an objection to the accounting and/or the actions of the executor or bring a motion or separate action. A lot depends on the facts of your case. I would suggest that you meet with an estate attorney to determine whether you need to take action.

You should retain a qualified attorney to review the facts, and any probate proceeding, to ensure that the executor is acting properly and to protect your interests.