Legal Question in Wills and Trusts in California
Abusive behavior toward an executor
My parents used an attorney to draft a Living Trust; my father just passed away. The problem is that the executor (my sister)is taking a great deal of abuse (harassing phone calls, threats, etc) from my brother, who has made numerous phone calls to the trust atty as well and has a history of assault. He threatened my sister's husband 3 days ago, pinning him (he called 911; this is the 3rd time the police have been called due to his behavior after my dad’s death). I told my sister to get a restraining order for their safety. The trust atty told her that she should not. Due to him constantly calling the trust atty, trust atty is telling my sister that she must remain neutral (in essence to put up with his behavior). My brother is pressing my sister to sign papers to finalize a deal in which my brother acted as a dual agent for my dad and a builder he has represented in the past. She declined stating she would have an atty look them over 1st. It is now apparent after consulting an atty that my brother misrepresented many aspects of the deal and did not act in the best interest of my dad. Can he bully my sister this way? What are her responsibilities with respect to remaining neutral while at the same time being harassed daily?
3 Answers from Attorneys
Re: Abusive behavior toward an executor
the attorney for the trustee is likely not experienced in dealing with this type of severe situation. he or she should be directed to california code of civil procedure 527.6 which provides remedies for harassment.
see: http://www.courtinfo.ca.gov/selfhelp/protection/civharass.htm
Re: Abusive behavior toward an executor
She should start documenting the harassment by letters and notes. She should also consider referring all disputed issues to the attorney for handling. The attorney can help your sister remain neutral while protecting the interests of the other beneficiaries. If the present attorney isn't helpful, consider finding someone with probate litigation experience.
Re: Abusive behavior toward an executor
I don't see why she should have to put up with that behavior. It may help to direct his questions/frustrations to the attorney so the attorney can explain what the law requires for trust administration. If your sister gives in to his demands, she could be liable to the other beneficiaries for not maximizing the value of the trust investments.
She can also get a restraining order under civil harassment laws, which would seem to apply with his behavior.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
