Sacramento, CA asked in Contracts and Estate Planning for California

Q: I signed distribution letter but my sister executor won’t give me my full share she keeps telling me how I need to l

Live within my means she’s been torturing me for a year now am I just stuck with her bullying me I have nothing because of her

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, the role of an executor, also known as an administrator, is to manage the estate of a deceased person according to the will's instructions and state law. This includes distributing assets to the beneficiaries as outlined in the will. If you've signed a distribution letter but are not receiving your full share, the executor may be in breach of their fiduciary duty.

Executors have a legal obligation to act in the best interests of the estate and its beneficiaries. They must carry out the distribution of assets fairly and transparently, without undue delay. If your sister, as the executor, is withholding your inheritance without a valid legal reason or is not adhering to the terms of the will, you have grounds to challenge her actions.

You are not stuck with this situation. You can take legal action by petitioning the probate court to review her conduct and potentially replace her as the executor. Additionally, you may seek the advice of an attorney who specializes in probate or estate law to understand your options and rights in this situation better. Taking these steps can help address the issue and ensure you receive your rightful share of the estate.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.