Legal Question in Wills and Trusts in California

Executors

The Executrix of my brother's will is unable/unwilling to continue--name removed--(Will has been in probate for almost two years)--name removed--It is a fairly simple matter of a condo and an IRA to be dispersed to my sister and I--name removed--How does she resign as executrix and I take over till probate is complete?


Asked on 3/07/09, 12:49 pm

6 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Executors

You need to make a motion and obtain a court order. Why not have an attorney assist you and wrap up the probate by obtaining an order for final distribution as well? Contact me directly.

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Answered on 3/07/09, 1:45 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Executors

You'll need to file a petition for appointment of successor administrator--this should be fairly routine if the executrix is willing to resign and consent to your appointment, along with your sister consenting. The executrix will have to file an accounting to show what she did/paid with the assets while under her control.

I'd recommend meeting with an attorney to review what has/hasn't been done so far to get an idea of what's left to accomplish before the estate can be distributed and closed, and to make sure you don't take on unknown liabilities. I'd also recommend using an attorney for the process, as probate is a complex and confusing area of law.

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Answered on 3/07/09, 5:11 pm
Mark Russakow Russakow, Ryan and Johnson

Re: Executors

She would renounce her function and you would do a motion to the probate court to take over for the remainder of the action. YOu will need to file in probate court.

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Answered on 3/07/09, 6:10 pm
Mark Russakow Russakow, Ryan and Johnson

Re: Executors

She would renounce her function and you would do a motion to the probate court to take over for the remainder of the action. YOu will need to file in probate court.

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Answered on 3/07/09, 6:10 pm
Mark Russakow Russakow, Ryan and Johnson

Re: Executors

She would renounce her function and you would do a motion to the probate court to take over for the remainder of the action. YOu will need to file in probate court.

Read more
Answered on 3/07/09, 6:10 pm
Mark Russakow Russakow, Ryan and Johnson

Re: Executors

She would renounce her function and you would do a motion to the probate court to take over for the remainder of the action. YOu will need to file in probate court.

Read more
Answered on 3/07/09, 6:10 pm


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