Legal Question in Wills and Trusts in California
My sister, the executor
My sister was named as executor of my parents' will (they passed away within 8 months of each other) and she has hired an attorney for the probate. My brother and I are concerned about statements that she has made, telling us that she plans to buy us out of our share of property (that my parents owned) and that she can't ''find'' certain things like my mother's wedding rings and other assets, like cash. I have not made any objections thus far, but I am becoming concerned at her grandiose plans for what is supposed to be shared among three decendants. What sort of legal objections can I make that will keep her activities above board and following the letter (and spririt) of my parents' will?
4 Answers from Attorneys
Re: My sister, the executor
For buying out your shares, she will have to petition the court and get its approval--you have the right to object. Regarding the missing property, you should let her attorney know and also ask for an inventory of the estate's assets.
Re: My sister, the executor
The attorney is required to prepare a detailed list of all assets, and can do so by issuing interrogatories to those who might have possession of the assets.
You will be entitled to see a copy of the inventory. You can also have your own representation, but the cost will not come out of the estate.
Re: My sister, the executor
I suggest you contact the attorney for the estate with your concerns. He owes a duty not only to the executor but to the beneficiaries as well.
Re: My sister, the executor
If you sincerely believe that your sister is carelessly or intentionally not acting as a competent fidicuary of the estate you may petition to have her removed as the personal representative. Call me directly at (619) 222-3504.
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