Legal Question in Wills and Trusts in California

My sister is the executor of our moms estate. The rental properties that she willed to both of us are split between our 2 cousins and ourselves. Since nothing has been transferred into our names yet, the money for the rentsls is deposited into the trust and from there my sister transfers my share into my bank account. There is a portion that my Aunt left to my mom but my mom didn't have a chance to put it in her trust so it's in probate. Now my sister is telling me that she needs to have 11k back from me because she wasn't suppose to distribute all of it until this was out of probate. I have been living off the income from these rentals and therefore don't have money to give back to her so now she is holding all the rent payments until the 11k is paid including the rent from our moms house which has nothing to do with what is in probate. Do I have any rights here? Can my sister do this?


Asked on 9/29/14, 7:06 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You are not supposed to be receiving property and income from property that is subject to a probate proceeding until the court approves. I suggest you retain an attorney as soon as possible and make sure the probate is done correctly.

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Answered on 9/30/14, 9:59 am


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