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CalAttorney2, Attorney
Category: Estate Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I was left some money by a friend in her will. The executor

Customer Question

I was left some money by a friend in her will. The executor is her brother. Do I have to do anything, or will the brother send me a check eventually?
Submitted: 1 year ago.
Category: Estate Law
Expert:  CalAttorney2 replied 1 year ago.

The executor (brother) has an obligation to send you the money as part of his duties in administering the will through the probate proceeding.

You can follow the probate court matter by checking with the local county court (probate division) and see what the status of the case is (this is likely where you already saw this earlier in your "already tried" portion).

If this is a great deal of money, or if you are worried that the executor will fail to perform as he is supposed to (he will not send your money), then you may want to consider retaining a lawyer to send a demand letter on your behalf.

  • (Do be aware, that there may be situations in which gifts made in a will or trust may be unable to be fulfilled - if the estate's debts are greater than the assets, the beneficiaries cannot be paid ahead of the estate's creditors. What this means is that if your friend had a lot of debts, and owed a lot of people or companies, and their estate didn't have sufficient assets to cover these debts, there may not be enough money to cover the gift they wrote into their will for you. - Hopefully this is not the case, but I do want to advise you ahead of time that there are legitimate possibilities that gifts identified in wills or trusts cannot be fulfilled by honest executors).

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