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San Diego, CA |

my sons are part of an inheritance (MONEY FOR COLLEGE) they are minors, money is in a probate after more than a year they had not receive nothing. what can we do to get the money sooner than later

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Attorney answers 3

Best Answer

Hello - unfortunately probate court is commonly lengthy and burdensome (hence the importance of estate planning, primarily Trusts). Now there are ways to expedite the probate process but that depends on various factors such as whose estate was left and possibly your relationship to the decedent. I advise you yo speak to a Probate attorney because I myself have assisted clients in petitioning for alternative routes than the standard probate process. Good luck.


If your sons are minors and are beneficiaries of an estate, then you will need to be appointed guardian ad litem for them and then secure legal counsel. You stated nothing above if the money was in a Trust, or part of an estate where a Will is being probated or an intestate succession without a Will. Please seek the help of an attorney.


If your son's are minors, there is no urgency in getting the money if it was left for them for college. That said Mr. Benton is correct, you will need to be appointed guardian if there is no will, the will does not set up a trust, or the will is not a pour over will into a trust, otherwise you cannot take control of the money.

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