Legal Question in Wills and Trusts in California
I received an inheritance about three years after the estate went through probate. Now the exeuctor has informed me that additional monies belonging to the estate have been discovered, but that the funds can not be distributed, because the executor can not reach or contact all of the other heirs. Is there any legal means of releasing my portion of the inheritance prior to all the heirs being reached or contacted?
2 Answers from Attorneys
Instruct the executor, in writing, to deposit the funds with the clerk of the Court and to file an action in interpleader.
The fact that the executor cannot find one or more heirs is not a basis to refuse to distribute the shares belonging to those he can find. If he won't do it, you can file a petition for instructions with the Court to force the distribution of your share.
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