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Executor threatening to withhold money to beneficiary

Los Angeles, CA |

My sister whom I don't get along with is threatening to withhold my money if I don't sign an agreement stating I would give 10% each to my children, or she will spread my payments out over years so that I won't get any substantial amount at a time. This wasn't in the will. I also haven't received an accounting or any amount I am to receive from her. What are my rights? This is in California. She is doing this all through her husband as she refuses to speak with me directly. She is also meeting with attorneys about this, which is probably coming out of the estate. If she had her way, I'd get nothing. She was the POA before my grandmother passed away. Again she is threatening war with me over this and that she will make it hard to get my money. What are my options.

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Attorney answers 3


Your post does not contain the kind of facts necessary to advise you except to say you have the right to petition the court and have the court intervene if you feel your grandmother’s estate is not being handled correctly.

If you have a copy of the Will and any declaration of trust I suggest you take those, and any other documents you have that concern the matter, to an attorney for review. That would be a start. If your sister has an attorney, you should have one too. Otherwise, you’re at a distinct disadvantage. Good luck.

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Given that your sister has already consulted with attorneys regarding this issue, you are at a distinct disadvantage unless you do the same. You should gather any information you have regarding the estate and consult with a local probate litigator. Your statement of facts doesn't provide enough information to give you more direction, other than you can petition the court to intervene.

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I agree with my colleagues. You really need to have this reviewed by a probate litigation attorney. Your summary does not provide any indication as to how your sister would have the right to control or direct YOUR inheritance. Without being able to review the documents, it is impossible to give you any real guidance. I would have an attorney review this so you know where you stand. It also strikes me that you may have a hard time standing up to your sister (and her husband). But your attorney will not have this problem.

Another practical answer might be to have your children agree to give you the funds, after they receive them. Since you are somewhat at their mercy, however, that is obviously less ideal.

James Frederick

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