Legal Question in Wills and Trusts in California
Executor disqualifications?
Can a person with these convictions and lifestyle be allowed to be Executor?
* * *
Convicted felon Stole $30,000, forged signature, embezzled, fled to avoid arrest
DUI conviction
Son arrested for PC 484(a)
Acted in collusion with mother to steal brother�s $20K dividends
Charged mom�s Mastercard $16,404.12 did NOT repay
Filed bankruptcy $550,000
2 Answers from Attorneys
Re: Executor disqualifications?
The person named as executor in the decedent's will has the right to appointment as personal representative.
Prob C � 8420.
However, Prob C � 8402 and Prob C � 8502 provide for disqualification in certain instances. For example, when the personal representative has wasted, embezzled, mismanaged, or committed a fraud on the estate, or is about to do so.
Disclaimer: The information contained herein does not constitute legal advice and does not create an attorney-client relationship.
Re: Executor disqualifications?
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
The testator (person making a will) is free to choose whoever she wishes to be the executor of her will. If the executor does not faithfully perform the executor's duties, you can try to disqualify the executor. You should immediately consult your own attorney to protect your legal rights.
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