Should I be getting my inheiritance now or after the estate closes?

Get Legal Help Today

 Secured with SHA-256 Encryption

Should I be getting my inheiritance now or after the estate closes?

My dad passed a month ago leaving a Trust and a Will. He appointed his brother co-trustee and executor. I am having issues with him as far as his legal obligation to carry out dad’s wishes per the Will and Trust. It states in the Trust that, upon death X is to receive outright $5000 of the then balance of the estate. Does this mean that I should be getting the money right off the bat or do I have to wait for the estate to sell I have a few other issues that I’d like to ask about but I’m mostly concerned with my inheritance.

Asked on May 8, 2019 under Estate Planning, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

As a benefciairy, you can't get anything until the probate is closed (i.e. until the process is finished). It's at that the beneficiaries get their inheritance. Until then it's not known what, if anything, there will be left to distribute as  there may be creditor claims against the estate which have to be paid first. Bottom line, you'll have to wait for your inheritance.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Inheritances are distributed after the estate closes. It is at at the closing of the estate that the court confirms what everyone inherits and allows its distribution. Pre-closing, during the probate process, an heir's or beneficiary's rights to his/her inheritance is just theoretical, since it has not been determined exactly what assets (e.g. after any claims agains the estate) are there to be distriburted, and the court has not approved the distributions.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption