Legal Question in Wills and Trusts in California

Is there one way, or many ways to properly keep estate accounting? I've received the dull, ambiguous answer "..the statutes provide ..." I've looked into the statutes. I'm asking, attempting to reach experienced professionals providing information necessary toward the next logical step; be that swallow a bitter pill, or engage a counselor. I am looking now for representation. When I interview said counselor, I wish to waste not their time or mine. I have compiled the court files, I am writing up a summary, I am writing the specific reasons we now seek representation...

The executor of the estate tells me there is a segregated accounting for the two beneficiaries of the estate; two piles, one for her one for me. We were left some real property. The executor is telling me the rental income of several properties is only for the person being left those properties; along with the expenses. The accounting presented to the court does not show this.

Can an executor with letters of independent status pay a beneficiary rental income without filing for preliminary distribution; doing so while expense for repairs to the rentals has not been recovered by rental income; while still covering rental expenses; while saying property may have to be liened; for unknown taxes and/or to secure payment to me, from the other beneficiary, because the other beneficiary has spent more estate dollars and if the estate doesn't have the funds to balance accounts; the executor intends to lien a piece of property listed in the will as sell and divide $; essentially re-writing the will. The executor cannot possibly possibly provide fair balanced accounting, with separate accounts; there is no segregation of labor billing or for the extraordinary billing to come exclusively created by the one beneficiary.

To sum: I thought accounting was for an estate as a unit whole; to be divided, per will; after the estate settled and requested so of the court. Is this not true?

There are many obvious egregious errors and counsel is a must. I am preparing for and seeking assistance here in Northern California, right on the Oregon border. I will not use local counsel. Know any effective counselor(s)? Am I allowed to inquire? If not, please strike the last

thank you


Asked on 3/07/11, 5:12 pm

1 Answer from Attorneys
Aaron Feldman Feldman Law Group

I am having trouble understanding your question(s). It sounds like there is a Probate pending and an accounting must be filed. It also would appear that you are not the Executor. Why isn't the Executor (who is entitled to compensation) handling the accounting? Doesn't the executor have an attorney? The attorney for the Estate would be entitled to compensation, based on a statutory fee schedule, for completing the Probate, which would include submitting proper accountings and proper orders for distribution. If the Executor isn't doing his or her job, then perhaps there are grounds for removal. I suggest you retain counsel to protect your interests. I would be happy to discuss this with you further.

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Answered on 3/26/11, 10:53 am


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