Legal Question in Wills and Trusts in California

When my mom died she named my aunt, and uncle, the executors to her estate. Its been 17 years since her death and in that time the executors have refused to administer her estate. I have begged them to start the probate process, and even asked them to sign a document stating their refusal to act as such, and give up all legal interest, and responsabylity in her estate, and they refuse. Their refusal to administer her estate has benefited my dad who today lives in the house with the woman he was having an affair with throughout my moms' four year battle with breast cancer. It sickens me to know that my moms' brother and sister have no concern for their sisters' dying wishes, and would rather benefit this animal who started to physically abuse my mom because she could'nt die fast enough for him because he was eager to move on with his mistress, (who was his first wife before marrying my mom) My question is is there any legal action I can take against the executors, for their refusal, and intentional failure to act as such? And would you be willing to take my case pro bono? Or work out some form of payment plan?


Asked on 4/22/10, 10:44 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

If you are a beneficiary of your mother's estate, you can open a probate proceeding in the court that serves the county where your mother last lived, and ask to be appointed as the administrator, since the named executors refuse to serve.

You might check with law schools in your area to find out if any alumni or legal clinics (at the bigger schools) might be willing to help you out, at least to complete the paperwork.

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Answered on 4/27/10, 11:01 pm
Ken Koenen, LLM Law Office of Ken Koenen

If your father and mother were married at the time, he may have certain rights. Do you have a copy of a will? The named executors or the person holding the will is required to file it witht the Superior Court within 30 days of the death of the decedent, even if there is no probate. In what county did she reside when she passed away?

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Answered on 4/28/10, 9:29 am


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