California Home Loan City

I would suggest filing a motion with the Court to enforce the terms of the will. It would be an uphill battle, but if you can present enough paperwork and fact to the Court that the trustee is intentionally putting off dispositions that were the intention of the deceased, you may get an order directing the trustee to make the transfer forthwith.

** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **

Online Survey

I presume you mean “personal representative.” “Trustee” usually refers to a person who administers a trust, not an estate.

But, anyway, you may need to sue. Tell the personal representative one last time that if you don’t get the money by such-and-such a date, then you will sue him. You can even cite the exact code section, Probate Code 11750(b), that gives you the right to sue, so that it sounds like you mean business and you know what you’re talking about.

By the way, if the estate is “settled,” then that means that the personal representative signed a declaration stating that all assets have been distributed. If this person signed and filed a form that stated that the $5000 was distributed to you, when in fact no such distribution occurred, then that’s perjury. Mention that to the personal representative along with your threat of filing a lawsuit.

Clear Recipes