What is inheritance enforcement?

On Behalf of | Apr 22, 2022 | Will Contests

When someone passes away and you stand to inherit a portion of their assets, it’s both a sad time in your life and one that is a great gift. The last thing that should happen is for the situation to be tarnished by arguments or disputes.

Unfortunately, those issues do tend to happen in some families. An inheritance dispute may lead to someone trying to hide or conceal assets that they don’t want to see passed on to another person. An executor or trustee might refuse to pay out your share even though it’s rightfully yours.

What can you do if that happens? You need to work with someone on inheritance enforcement.

How do you enforce an inheritance?

It is possible to enforce an inheritance by taking the executor or trustee withholding those assets to court. When the trustee or executor is reasonable, it’s possible that an attorney may be able to help push through delayed transfers that are caused by reasons out of your control.

For example, trusts often have terms that have to be adhered to. Depending on how the terms were written, there could be conflicting instructions or problems with the transaction. The trustee may be holding onto the assets because they want to be sure that they only pass on once the terms of the trust have actually been met.

In that kind of situation, you may want to make sure that you’ve collected all the necessary information for the trustee, such as a marriage certificate if the trust required you to be married, and submitted it to them. If so, and if they still delay, you may be able to work with your attorney to negotiate with them or, in rare cases, take them to court.

The wrongful withholding of an inheritance or an inheritance dispute can be painful and frustrating for you. It’s important that you do have someone to help you through this situation, because the laws surrounding inheritances can be complex and lead to disputes. The right support and negotiation tactics may help you get your full inheritance sooner and resolve any remaining disputes.


FindLaw Network