Legal Question in Family Law in California

Questionable Executor Demands

My mother passed away this year. One of my siblings is the Executor of the will that was written in 1986. This sibling also works for the Probate Atty handling my mother�s estate. Mom gave me $8K in 2004 which I have in a personal savings. Mom also deeded her home over to another sibling in 2002 in which there is now a small mortgage. The will states that the home is to be sold and the proceeds are to be evenly distributed amongst the siblings. The Executor is telling me that I must give the $8K back to the estate to be distributed amongst my siblings. However, my other sibling is not required to give back the house or compensate the estate. When I questioned the reasoning I was told that there is a clause in the will that states that if anyone disputes the will they will receive $1. End of conversation. Is there a conflict of interest with the Executor working for the Probate Atty? Am I required to give the $ back to the estate? And, is simply asking questions considered 'disputing' the will?


Asked on 6/13/08, 10:42 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Questionable Executor Demands

This is a probate question not a family law question. The circumstances under which you received the money and the terms of the will determine whether or not you have to return the money. Contact a probate attorney and discuss the facts of you case.

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Answered on 6/19/08, 12:45 am


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