Legal Question in Wills and Trusts in California

My boyfriends mother passed away 3 years ago and named his sister as executor of her estate. He and his brother are listed as beneficiaries. For the last three years his sister has been renting out his mothers house for 1600.00/mo and not distributing any of the money she collects. Can my boyfriend force her to distribute his share or does he have to wait until she's ready to? He's unemployed and could use some financial help.. We live in California...


Asked on 6/17/10, 9:25 am

2 Answers from Attorneys
Aaron Feldman Feldman Law Group

First, did the mother have a will or a trust? Second, if it was only a Will, has a Probate been started? The answers to these questions affect what your boyfriend's options are. You should meet with an attorney who can review the facts and specific documents to advise if there are ways to force a preliminary or partial distribution or force the finalization of the Probate or Trust. Please feel free to contact me if you would like to get more specific answers.

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Answered on 6/17/10, 1:37 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Feldman. Has a probate been opened? If a probate has been opened, she can receive the rent as the executor and use it to pay off estate debts. If no probate proceeding has been commenced, it should be started, and she may have to account for the rents she has received.

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Answered on 6/17/10, 11:42 pm


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