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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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. 


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