Legal Question in Wills and Trusts in California
Executor of trust
Our mom passed away over 2 years ago and left a house in a trust and made one sister an executor of Trust and the 3 brothers, including myself, beneficiaries in the will. She, since, has done nothing to promote the sale, lives in the house with her grown children, diminishing its value by letting strangers move in; never showed any accounting for the estate and claims she doesn't have to share/show anything because she is the executor and does how she pleases. She recently has been arrested with a possibility to go to prison for good. If she does, the executor role moves to the next heir. My question is, if imprisoned, will she lose her right as executor? And, what rights do we have to make sure the house sells and the trust gets divided evenly?
Thank you.
3 Answers from Attorneys
Re: Executor of trust
First of all, to clear up some confusion, I think you confuse "executor" with "trustee", who is actually the person who is placed in charge of the trust. So if this "trustee" is going to prison, normally a successor trustee would take over control of the trust.
You have the right to request that the trust be settled within a reasonable period of time. If the delay continues, you should retain an attorney to file a petition to 1) request an accounting and 2) request that the court order the distribution of trust assets.
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Re: Executor of trust
First, she is not correct in stating that she can do as she pleases and not account to beneficiaries. You are entitled to at least annual accountings. Second, she can be charged for living in the house. Third, she could be removed as trustee due to her apparent breach of fiduciary duty. This would take court action. You should also be able to force a sale of the property. If this is a direction you would like to take, you should consult with an attorney experienced in these matters. If you want to discuss this further, please contact me.
This does not constitute legal advise and I am not your attorney until I am formally retained.
Re: Executor of trust
I suggest immediately filing a Petition for an Accounting and then follow up with a removal action.
You need to not waste any time on this, especially if you believe she will be incarcerated soon.
The Court will make sure the terms of the trust are followed and any breach of fiduciary duty by your sister will be dealt with as well.
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
IMPORTANT:
No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time-sensitive and may result in a loss of rights if you do not obtain an attorney immediately.
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