A lawyer can guide you on the available legal channels to compel resignation or removal of an uncooperative executor. If all else fails, the probate court can intervene to ensure smooth administration of your estate.
Timeline for Settling Estates in California
The courts take steps to move the process along, and the executor of an estate generally has 12 months to complete the probate process and pay heirs or beneficiaries from the estate.
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.
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.
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.
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.
While California law grants executors considerable authority in managing estate assets, the powers of an executor of a will are limited by the fiduciary duties owed to the estate and its beneficiaries. This means that executors are legally required to act in the best interests of the estate and its beneficiaries.
Be sure that all debts, taxes, and expenses are paid or provided for before distributing any property to beneficiaries because you may be held personally liable if insufficient assets do not remain to meet estate expenses.
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.
If the person acting as the executor of your deceased loved one's estate is refusing to give you your inheritance, you need to contact a probate attorney for legal help. Call the dedicated California probate attorney, Robert L. Cohen – The Probate Guy- to schedule a telephonic consultation.
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.
As noted in the previous section, an executor cannot change a will. This means the beneficiaries who are named in a will are there to stay. Put simply, they cannot be removed, no matter how difficult or belligerent they are being with the executor.
Unfortunately, their refusal can complicate and lengthen the process, leaving an estate with uncertainty as to when probate will conclude. In this case, the probate court will follow legal guidelines to choose an executor if no person comes forward voluntarily.
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.
If the executor fails to meet their legal obligations, a beneficiary can sue them for breach of fiduciary duty. If there are multiple beneficiaries, all must agree on whether to sue an executor.
Keep detailed records of all communication, transactions and activities related to the probate process. This may include emails, letters, financial statements and other relevant documents that may serve as evidence when proving executor misconduct.
No. 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.
Yes, in their capacity as the people who handle deceased's estates and execute their Wills, executors can move funds from a deceased's bank account to an estate account and take from it to pay estate debts, taxes, etc., but not as their own.
An executor may overrule beneficiary wishes if it is necessary to comply with a will's terms or a court order, though they cannot unilaterally reduce inheritance payments or alter will terms without following legal and ethical boundaries set out by both state law and the will itself.
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.
To be nominated to be the Executor of a Will imposes upon the person so appointed a fiduciary duty to adhere to the terms of the Will in conformity with California law. That duty can impose personality liability upon the Executor should he or she fail to perform as required.
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.