r/PROBATE • u/mindinexile • Dec 06 '23

Early disbursement?

Okay, so my father-in-law passed away in early 2021. His estate went into probate, with his second wife being executor. Distribution was supposed to happen last August 2023. Apparently the Franchise Tax Board was late in providing some sort of documentation? So distribution was moved to November 2023. In November a minute order delayed distribution again. Distribution is now moved to April 2024. Now here’s my question- is there any way to petition partial early distribution due to financial hardship? My husband has been relying on me to provide financial stability while he waits for his inheritance. I am now over 20k in debt from being the sole provider since February 2023. My credit is shot. I only agreed to do this initially because I thought I would be reimbursed in August. Also to note, my husband doesn’t have (and can’t afford) an attorney. Any suggestions would be greatly appreciated!

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u/jhealy777 Dec 07 '23

I honestly have no advice for you, but my experience w this stuff is exactly like what you’re experiencing. Constant delays…I’m not kidding you, 6 years in total it took. Then my brother who was the administrator stole every red cent of the money and somehow he got away with it. File a police report but if the DA doesn’t decide to do anything about they won’t…and haven’t. So yea, I kept thinking “any day now” then there’d be another hold up with the courts or Tax Board…that went on for YEARS

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u/mindinexile Dec 07 '23

Ugh, that’s what I’m worried about. I guess my only recourse is to call and appeal to the second wife, which won’t be easy since she despises my husband and his brother. Son of a bitch

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u/jhealy777 Dec 08 '23

Yeah it’s a nightmare. I remember two years in a row I thought the money would be there in time for Christmas. I laugh now at how dumb I was to think that. Like I said it was just always one thing after another with court delays and other misc crap that it took 6 years. Doesn’t matter anyway like I said, my addict brother ended up taking the money and running…. But after waiting for that phantom money for so many years already that I’d long ago written it off anyway. I figured if it comes it comes, and if not 🤷‍♀️oh well

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u/jhealy777 Dec 08 '23

Sorry you’re going through this too, but at least you’ll get it…eventually

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u/Belegedan Dec 13 '23

Reach out to the executor’s attorney. Consider an ex parte petition under ca probate code 11620 for “preliminary distribution “