What to do if I received money from a Trust last year that is now in probate and I’ve just been notified that I was overpaid and should refund money back to the Trust?

What are my options?

Asked on April 3, 2014 under Estate Planning, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you were truly overpaid--that is, received more than you were supposed to--then you would have to repay the excess. If you don't believe this was the case, you could fight the request for overpayment, but would almost certainly need an attorney to do so--this area of law is complex. If the attorney cost would exceed the cost of repayment, it may not be worthwhile fighting, even if you believe you are in the right.


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.