Beneficiary Rights and Accounting
According to California Probate Code section 10950, if more than a year has passed since the beginning of probate administration and an accounting has not been filed, interested parties are entitled to file a petition with the court to make the executor to complete an accounting.
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.
Beneficiaries are entitled to request bank statements from the executor by making an informal written request for them. Some executors may attach bank statements to their accountings for added transparency without beneficiaries having to ask, but it's usually not a requirement for them to do so.
Only joint owners, beneficiaries or executors can access a deceased person's bank account. Aug. 30, 2024, at 11:52 a.m. The account becomes part of the deceased owner's estate when there's no joint bank account holder or beneficiary.
There is no law that prohibits an executor from asking the bank for the money. The executor's get their legal authority from being named in the will, not from probate. It is not illegal for the executor to ask the bank for the money, but there is no legal obligation on the bank to provide it prior to probate.
Per California Probate Code Section 10950, if more than a year has passed since the beginning of probate administration and an accounting has not been filed, interested parties (i.e. beneficiaries) have the right to file a petition with the court to compel the executor to complete an accounting.
You will need to provide documentation to prove both that the account holder died and you have the legal authority (as a designated beneficiary, joint account holder or executor/administrator) to access the account.
The executor must prepare a full accounting with the court, and beneficiaries should be provided with a copy. According to the California Probate Code, an accounting should include the following information: The property and value of the estate at the beginning of the accounting period.
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. People should be told right away if they are included in a will.
An executor of a will cannot take everything unless they are the will's sole beneficiary. An executor is a fiduciary to the estate beneficiaries, not necessarily a beneficiary. Serving as an executor only entitles someone to receive an executor fee.
The timeline is much shorter. California laws, for example, require that beneficiaries are notified within 60 days of the death. After you are notified, you typically must play another waiting game.
Executors are bound to the terms of the will, which means they are not permitted to change beneficiaries. The beneficiaries who were named by the decedent will remain beneficiaries so long as the portions of the will in which they appear are not invalidated through a successful will contest.
Once you have found out what bank accounts were held by the deceased and have notified the relevant banks of the death, you should be able to request copies of bank statements. This could be helpful in piecing together what assets were held by the deceased.
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.
The executor or administrator must provide legal proof of their authority to the bank. Once approved, they are responsible for settling the deceased's debts, paying bills, and taking care of fees, taxes, and final expenses, such as funeral costs.
As a beneficiary you are entitled to information regarding the trust assets and the status of the trust administration from the trustee. You are entitled to bank statements, receipts, invoices and any other information related to the trust.
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.
There is no statutory requirement to do this. You should engage with the residuary beneficiary to establish why they are refusing to approve the estate accounts and seek to resolve the matter.
If you contact the bank before consulting an attorney, you risk account freezes, which could severely delay auto-payments and direct deposits and most importantly mortgage payments. You should call Social Security right away to tell them about the death of your loved one.
In conclusion, it's a crime to use a dead relative's payment cards, even if they're no longer able to use them. Anyone convicted of using a card to make fraudulent purchases will face years of imprisonment for deceit, not to mention an identity theft offense will appear on their criminal record.
Through the use of a valid Power of Attorney, an Agent can sign checks for the Principal, withdraw and deposit funds from the Principal's financial accounts, change or create beneficiary designations for financial assets, and perform many other financial transactions.
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.
Before an executor can provide any funds to a beneficiary, they have to ensure that all the deceased's bills, taxes, and estate administration expenses are paid. The executor must notify any known creditors of the death so those creditors can make a claim against the estate.
Lawyers can charge a wide range of fees, but it's pretty common for the cost to be anywhere between $100 - $500.