Columbus, GA asked in Collections and Probate for California

Q: If a beneficiary has an inheritance advance, does that affect the litigation of a probate case?

Last parent died interstate (no will.) Two siblings. The administrator of the estate is not following the court's guidelines for administration. One example is the administrator let her family move into the home prior to inventory and never allowing any of the beneficiary's access to gather any keepsakes, valuables of parents or their own personal property ( i.e. daughter wedding dress, grandchildren baptism dresses) items that was stored at family home. Now claims there was nothing of value and everything was thrown away or donated. Which is absolutely ridiculous. That is just one example of the misconduct. Anyway, I want to bring up these issues and hire attorney however, my sister said I cant because I took out a inheritance advance for $20,000 and forfeited any rights to dispute stating I gave up my “beneficial interest in the Estate" is that true?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Collections Lawyer
  • Sacramento, CA
  • Licensed in California

A: If a beneficiary has received an inheritance advance, it may impact their ability to challenge or dispute the administration of the estate, depending on the specific terms of the advance and the applicable laws in the jurisdiction.

In general, an inheritance advance is a type of loan that allows a beneficiary to receive a portion of their inheritance before the estate is settled. The terms of the advance may include provisions that affect the beneficiary's rights and obligations with respect to the estate, such as waiving the right to challenge the estate or forfeiting a portion of their inheritance.

If you have received an inheritance advance and are considering challenging the administration of the estate, it may be advisable to review the terms of the advance and consult with an attorney who specializes in estate law. They can provide guidance on how the advance may impact your rights and options and help you navigate the legal process.

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