Legal Question in Wills and Trusts in California
Administrator of an Estate
My brother was appointed adminstator to my father's estate in mid December. Unbeknown to me prior to his appointment he has provided false information/documentation to two financial institutions to withdraw and close money accounts. One was a saving account which is part of the estate and another a annuity account where my daughter was left as benneficiary. He is also allowing a sister to drive my father's pick up (still in dad's name and using dad's insurance) which is part of the estate. Not only is this depreciating the value of the truck but I have been informed that any accident that may occur leaves the estate responsible and someone could file suit against the estate and possibly get everything.
My question is. Can his being appointed be set aside, because of his wrong doings? I very recently found out about the aboveforementioned, and have no doubt that his actions on at least two of the three issues in question are illegal. I have feel that an person outside the family should be appointed. I can't trust my brother and feel that in fairness to the estate someone who has no interest in it would be a better and certainly much more honest choice.
Please advise if setting aside is an option. Thanks in advance for help.
4 Answers from Attorneys
Re: Administrator of an Estate
yes, you can ask the court to remove him and appoint another person.
Re: Administrator of an Estate
Of course he can be removed for inappropriate actions. You need to request this of the Court, be sure to provide them with whatever evidence you have showing each of your allegations...it will help.
Please feel free to contact our office for assistance at the number provided by LawGuru or through our firm's informative website, located at No-Probate.com.
Yours Truly,
Scott
Re: Administrator of an Estate
Yes. It is an option and should be pursued. I think your daughter may have posted a question here too, and I explained that she can swear out a complaint with the police for a citizen's arrest and talk to a detective in the community as well.
Re: Administrator of an Estate
I strongly suggest you hire an attorney to assist you -- I don't think you can do this by yourself. You should petition to have your brother removed as the administrator and request that you or a third party be appointed as the administrator. At the same time, you should request that your brother's powers be suspended. You may also consider contacting the authorities for fraud, theft, and possibly elder abuse.
These are just some ideas that an attorney can assist you with.
Sincerely,
Kai H. Wessels
(toll free tel: 877-Wessels)
The above is provided for informational purposes only and is not to be construed or relied upon as legal advice.
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