Legal Question in Legal Ethics in California

My friend Kathy was willed a house by her husband , to be split equally with his two children from a previous marriage who live in england.He appointed a friend of the family to be the conservitor and executor of the sale of the house.The house was sold and finalised on june 15th 2009.After numerous phone calls Kathy got to speak to her once, a month ago and she said she was working on it.She has constantly avoided Kathy and will not answer phone calls.Is their any laws being broken and is their any agency which controls these transactions?


Asked on 10/04/09, 1:35 am

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

If there was only a will and not a trust, the house might have been improperly sold. Kathy might do any or all of the following: petition the court to open probate, move to set aside the transaction, seek to replace the executor, and move for an accounting and distribution of assets. The court will then supervise and set deadlines for certain events to occur. If there is no trust and only a will, a house may not be sold without the probate court's permission to do so. Also, it is somewhat surprising that the decedent would have named a friend -- rather than his wife -- to be the conservator and executor.

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Answered on 10/04/09, 3:33 am


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