Legal Question in Wills and Trusts in California
Bitter executor failing to execute.
I live in CO. My Grandmother died in Los Angeles in 2000. Her will stated that the profits from the sale of her house would be split evenly between my father (who is also the executor), and me. $130,000 each. He decided I would recieve $10,000 anually for 13 years. He sent checks for 4 years ('02-'05), then stopped. He tells me he doesn't know if he will give me any more, that it is completely at his discretion. What recourse do I have?
3 Answers from Attorneys
Re: Bitter executor failing to execute.
While you could pursue your rights on your own, you should consider hiring an attorney in California to represent you.
Re: Bitter executor failing to execute.
Hire an attorney to review the probate file and then take the appropriate action, which may be no more than a letter to your father. Failing that, the attorney can apply to the court for an order directing the proper distribution of the estate.
Re: Bitter executor failing to execute.
you need to read the will or trust to find out your rights. if you dad has the discretion to make annual payments, then he does. if not, then he's breaching his duties and should be removed.
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