Legal Question in Mediation in California

My friend is the executor of her deceased father's will. Her sister who has a severe problem with alcohol is currently living in the home. My friend wants to have nothing to do with the estate, but wants to make sure that the animals that live there (3 dogs and 2 cats) are taken care of (she cannot adopt these animals herself). What should she do? Is it appropriate to go to an estate attorney, or a mediator, or someone else?


Asked on 11/06/15, 10:42 am

1 Answer from Attorneys
James Goff James R. Goff, Attorney at Law

The executor of a will has to follow the directions contained in the will. If the property is to be divided between the children it should be sold and divided. If the will provides for the animals it should be carried out. If there is no provision for the animals care then the estate assets should not be used for that purpose. If the executor wants to care for the animals it should not affect the other heirs interest. If there are no directions then the executor can go to court for directions. The heirs may require an audit of the executors actions as they affect the heirs interests. However, any litigation will reduce the ultimate estate value. Attorneys fees are always a significant reduction in the estate value. Good luck.

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Answered on 11/06/15, 1:05 pm


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