Focusing on your physical and mental health is essential after being excluded from a will. Take the time to do things that make you feel relaxed and fulfilled, like reading, meditating, exercising or spending time with family and friends.
It's important to listen to them openly and with compassion and help them work through their feelings if you can. Use a mediator or lawyer if you can't make headway in your family's conflict.
If an executor is ignoring you, they are in violation of their fiduciary duties. You should hire a qualified lawyer as soon as possible to try and turn the situation around. Something else beneficiaries can do to avoid being ignored by the executor is to play an active role in administration.
Compelling the executor or trustee to comply
Whether your situation involves a misbehaving trustee or a misbehaving executor, you should consider filing a petition with the probate court to compel the executor or trustee to comply with the terms of the will or trust.
Executors who violate their duty may face legal action by beneficiaries or creditors, although they cannot be held accountable for a decline in asset value unless it resulted from their unreasonable actions.
Progress from filing a formal complaint, include factual evidence showcasing the executor's breach of fiduciary duty. Evidentiary support might consist of documentation of misappropriated funds, proof of unpaid estate debts, or records of negligent misconduct.
For instance, if there is a third-party tenant living in a property belonging to the decedent without paying rent, the executor has the right to initiate eviction proceedings, even if the tenant is a beneficiary of the estate. There are also other contexts in which eviction issues could arise.
An executor should be brought to court if they are not doing their job. If they are not settling the deceased's estate and moving the process along, someone else should take over. An executor can also be brought to court if they do not communicate with the beneficiaries.
An heir or beneficiary who thinks the executor is not doing as the will directs or is not acting in the interest of the estate has the right to appeal to the probate court.
In California, intentionally interfering with another person's expected inheritance is a tort (a civil wrong, which allows a person to sue another person in court, assuming the elements are met).
The Cause. The Inheritance Effect is the result of short-sightedness—undervaluing the emotional and psychological factors that will play out for members of the next generation within themselves and the business. First, a gift can distort the psychological power of ownership.
If you have grounds, your lawyer will file a contest against the will. The goal of this legal proceeding is to invalidate the current will and enforce a previous will that lists you as a beneficiary.
Exact numbers regarding the success rate of will disputes are difficult to pinpoint. However, the most recent estimates indicate that the success rate hovers around 1%.
A probate court monitors the probate process, which means the probate court can also have an executor removed. You can petition the court to have the executor removed, and once the old executor is removed, the court will find another representative to handle the estate.
Get Help from an Experienced Attorney
If you disagree with the decisions taken by the executor of a deceased loved one's estate, consulting with an experienced California will and estate contest attorney is important to protect your rights.
Lawyers can charge a wide range of fees, but it's pretty common for the cost to be anywhere between $100 - $500.
In some cases, the executor can sell the house without getting the sign-off from all the heirs. For example, in California, if the executor can sell the property for at least 90 percent of its appraised value, they may have the authority to move forward with the sale.
Any interested party that wishes to remove an executor would have to petition the probate court to have the executor removed and present a reason.
While executors have discretion in some areas, your core decision-making is bounded by: The deceased's will. You must follow their distribution wishes rather than diverging based on your own judgments.
Q: Can an Executor Withhold Money From a Beneficiary in California? A: Executors do not have the authority to act outside the guidelines stipulated in the will. An executor cannot withhold money from a beneficiary unless they are directed to do so through a will or another court-enforceable document.
Vulnerabilities of Inheritances to Lawsuits. Sadly, the answer to the question, “Can your inheritance be at risk of a lawsuit?” is “yes.” If you and your family members aren't careful, you may risk losing some or all of an inheritance during a legal battle.
An executor can also be someone you've named as a beneficiary in your will. The role of an executor is a serious one which carries a lot of responsibility. When choosing your executor or executors you need to bear this in mind. It should be someone you trust to carry out this work.