Legal Question in Wills and Trusts in California

Hi,

My husband's step-father just died. He is the executor of the Will and beneficary... His 1/2 brother (his step-father also) is also a beneficary of the Will and expects an inheritance after the probate process.... The brother owes alot money to relative on his side of the family (no relations to the step-father) ...They want to know if the executor give the money to them instead of his brother? What type of legal actions do they need to take to receive the money... His brother is an alcholic and probably will spend the money on Alcohol. Do they have any recourse in getting any part of their money?


Asked on 9/05/09, 4:28 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

If the relatives obtain a judgment against the half-brother, then they might put a lien on the half-brother's inheritance which directs the executor to pay them. Otherwise, there is no legal right for them to obtain any part of the inheritance. Your husband, as executor, would be breaching his fiduciary duty to the surviving step-father if he disposes of the money/assets in any way different than instructed by the will.

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Answered on 9/05/09, 5:17 pm


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