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If the trust gives the executor discretionary authority, the executor may withhold assets from the beneficiary. However, they must be able to demonstrate that the beneficiary is not entitled to receive them at the time.
California law says the personal representative must complete probate within one year from the date of appointment, unless s/he files a federal estate tax. In this case, the personal representative can have 18 months to complete probate.
California law says the personal representative must complete probate within one year from the date of appointment, unless s/he files a federal estate tax. In this case, the personal representative can have 18 months to complete probate.
The Personal Representative is required to file a petition for final distribution or a verified report on the status of the estate within one year after Letters are issued (or 18 months if a federal estate tax return is required).
It is often written by the executor or trustee to provide beneficiaries with specific details about their inheritance, such as the assets they will receive, distribution timelines, any applicable taxes or fees, and any requirements or conditions that need to be fulfilled.
Seeking Legal Recourse If you believe that the executor is not living up to their duties, you have two legal options: petition the court or file a civil lawsuit.