Sacramento, CA asked in Estate Planning for California

Q: Can inheritance be distributed to certain family and not others my sisters know I need the money desperately

Or I will have to sell my mobile home I just got from one of homes sold bevause they kicked me out of other one that my dad said he didn’t want sold and I barely had enough to buy mobile home and now I’m trying to find work in new town and am barely surviving with my Partner my sisters both know they disowned me when mom died but they won’t sign distribution letter and their lawyer says I can’t get my share until they sign. They have already taken way more from my share I know but I just need to pay rent until I get job and gas but they are taking their time because they didn’t have to sell their home so they are more than comfy and I can’t afford lawyer

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

A: In California, the distribution of an inheritance is typically governed by the terms of the deceased’s will or, if there is no will, by state intestacy laws. These laws determine how assets are divided among surviving relatives. If you are legally entitled to a portion of the inheritance, your sisters and their lawyer cannot arbitrarily withhold it from you based on personal disagreements or financial needs.

However, the process can be complicated and may be delayed for various reasons, including disputes among heirs or the complexity of the estate. If your sisters are executors of the estate and are not fulfilling their duties in a timely or fair manner, this could be grounds for legal action. It's important to know that executors have a fiduciary duty to act in the best interests of all beneficiaries, not just their own.

Even if you cannot afford a lawyer, there are resources available to help. Many legal aid organizations offer services to those in financial need, and they may be able to provide guidance or representation at low or no cost. Additionally, you might consider contacting a local law school’s legal clinic for assistance. Understanding your rights and the legal mechanisms available to you is crucial in ensuring you receive your fair share of the inheritance.

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