California  |  Wills and Trusts

Legal Question

Asked on: 2/12/10, 12:04 am

Hello. My sister has been acting as executor of our late mother's estate. The family assumed that she would just 'take over' after Mom died, but now I am hearing that she was supposed to submit the will and living trust to probate court for authentication; after which the court would 'name' her as executor.

She has not done this, because she has no idea that she was supposed to do this, neither did any of us know about the requirement.

Moreover, our sister has been very lax in fulfilling the duties of executor; specifically in producing bank account records and taking inventory of the tangible personal property. She spends more time going out to parties and birdwatching than she does anything else. My brother (who lives in Colorado) and I are very concerned that she will cause the house to be taken by the bank (as there is a reverse mortgage on it).

The Trust names me as executor after her (should she not be able to do the job). Under this circumstance, could I go to a court with my copy of the Trust and ask them to name me executor?

Thank you.

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