Can I Receive My Inheritance While Litigation is Ongoing?

Our Oakland Probate Litigation Attorney Answers A Common Question

In this video, Oakland probate litigation lawyer Charles Triay addresses a frequently asked question about defective will and trust cases. If you have a probate dispute, attorney Charles Triay has over 30 years experience and is Board Certified as a specialist in estate planning, probate and trust law. Contact our probate litigators for more information about your potential legal options.

Video Transcription

Hi, I’m Charles Triay. People often ask me, boy this litigation is going along for a long time. Can I get part of my inheritance now? The answer is usually no, unfortunately. You can go to firms that specialize in lending against your eventual inheritance, but they charge an arm and a leg. I don’t recommend that. If you can possibly get by without doing that I suggest that you get by without doing that.

As a general rule the estates and trusts are frozen during the litigation. The interesting question there is who handles the assets, who handles the money while the litigation is going on. We generally try to get a neutral professional fiduciary to handle the assets. That’s not always possible. Sometimes one of the litigation parties holds the assets. When that happens we try to make sure they don’t use that money to pay for their attorney’s fees to fight you.

If you’re involved in a contested inheritance case and would like more information please contact me. I’d be happy to review your case with you. You can reach me at (510) 463-3165.