How can I find out why my uncle is taking so long to pay out my inheritance?

UPDATED: Oct 1, 2022

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How can I find out why my uncle is taking so long to pay out my inheritance?

My mom passed away, then my grandmother over a year ago. She left everything to by mom’s brother and sister (my aunt and uncle) as well as my deceased mom. I know that my sister and I split my mom’s half. She had a reverse mortgage so after the sale of the house there was approximately $82,000 left. My uncle seems to be taking his tIme paying us. How can I find out why it’s taking so long?

Asked on February 11, 2018 under Estate Planning, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If your mother passed away before your grandmother, then she typically would not inherit: when one person inheriting dies before the person from whom they would otherwise inherit, generally, the other persons inheriting split her share (i.e. your aunt and uncle would get your mother's share). In this case, since your mother did not inherit, you would not inherit.
If your grandmother had a will stating that if your mother predeceased (died before) her, then your mother's children would inherit, in that case, you and your sister would be entitled to her share. In this case, if whoever is the executor of the estate is not  paying you your share and not providing information, you could bring a legal action for an "accounting"--to force the executor to account for how he is managin ad distributing the estate. This is not a simple legal action--you would be well advised to retain an attorney to help. If you are determined to do it without a lawyer, you are allowed do so, but will have to look up a fair amount of court rules and law to bring the action. 

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 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.

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