Ask 2 Lawyers: What if the Trustee will not give me my inheritance?

What should I do if the trustee will not give me my inheritance so Keith we do see trustees that refuse to make distributions from trusts and from wills that would be the executor well so what would you do under either one or both of those scenarios well in most situations you start by making a demand at the trustee or the executor now an executor can't make a distribution without a court order but a trustee can make a distribution without a court order so you would first demand distribution in writing and it doesn't have to be anything fancy email letter carrier Pidgeon just get something to them in writing and the second step would be go to court and you file a petition for instructions and you actually ask the court to order that a distribution be made and it's shocking to me Stuart how often we seem to be doing that going to court on these petition for instructions to make a distribution why do you think that is why is it so hard for these trustees to make distributions they don't know the rules they just don't know the rules and in fact most trustees that are our family members or friends or siblings they just don't know what the probate code requires on them and they don't follow through and I think also a little bit of it is the beneficiaries tend to be in an adversarial relationship with the trustee who's being very paternalistic and is in a position of power and so it's it makes for a bad relationship and so once both sides get hurt feelings then the trustee says well I'm just not going to make a distribution to you just out of spite right and it's not legal under trust law necessarily but it does put the beneficiaries in a position of having to take action and the way you do that is to go to court that's right Albertson and Davidson is here to help you fight for your inheritance check out Alda law calm for our complete library of helpful legal videos and articles from your favorite California trusts and we'll litigation law firm Albertson and Davidson LLP you.