Legal Question in Wills and Trusts in California

'Sibling A' was named executor in a will from Father in 2000. 'Sibling B' was named executor in a newer will from Father in 2010. Father just died. 'Sibling A' is telling the bank, the court, the mortuary, the rest home etc... shes the executor, how can this be stopped and 'Sibling B' be given full executor-ship?


Asked on 4/17/14, 5:05 pm

3 Answers from Attorneys

Generally, the named executor has no authority to act on behalf of the state without a probate being started. Probate is a court proceeding. The person who wants to be executor will petition the court to be appointed executor of the estate. The document that provides proof and gives authority is called Letters Testamentary. This is a document that the court in a probate issues.

Financial institutions will generally not give out any money or property without Letters showing that the person has authority to act on behalf of the estate.

Sibling B should contact an attorney to being a probate proceeding, assuming that there are sufficient assets to warrant a probate.

I would be happy to discuss Sibling B's options.

J. Caleb Donner

DONNER & DONNER

LEGAL WARRIORS�

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Westlake Village, CA 91361

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Answered on 4/17/14, 5:12 pm
Victor Waid Law Office of Victor Waid

Suggest you contact a probate attorney to commence probate proceedings and seek a court order restraining sibling A from attempting to act as executor on behalf of the estate.

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Answered on 4/17/14, 5:13 pm
William Christian Rodi Pollock

FIle the petiton for probate. You can also get temporary letters quickly if there is a problem. Show any relevant parties the new documents and advise them of the circumstances. Get your new counsel to send a letter immediatley requesting the the offending sibling cease and desist.

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Answered on 4/17/14, 5:20 pm


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