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

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1 Lawyer Answer
James L. Arrasmith
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  • 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.

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