Legal Question in Wills and Trusts in California

if the court says an estate is worth $150,000 but the property is actually worth much more then that can the executor sell the property for the lower amount without letting the other heirs know about it?


Asked on 9/18/09, 11:05 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

It is the executor's fiduciary duty to maximize the estate income for the beneficiaries using reasonable efforts.

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Answered on 9/19/09, 4:29 am
Scott Linden Scott H. Linden, Esq.

It sounds like you are asking about the perpetration of a fraud against the beneficiaries of an estate. The answer, if not obvious, is "no". This would be a violation of the exectors duties and can impose civil (and possibly criminal) causes of action against the executor.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

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Answered on 9/21/09, 3:26 pm


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