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...
2 Answers from Attorneys
Has a probate been filed? Or was the property held in a trust? As the executor (or trustee), the sister has a duty to account for all of the money. If this is a Probate, is there a reason the property is being rented rather than sold and the proceeds distributed? Ordinarily the goal of the Probate would be to distribute assets to the heirs as specified in the will.
An attorney can help you but only after reviewing the will and/or trust documents and any probate papers filed with a court. I would be happy to discuss this in greater detail if you would send me the relevant documents.
If the property was in a trust, you need to demand an accounting. If the property is not in a trust, it will have to be probated, unless title was held in joint tenancy with the sister. I suggest you gather relevant documents and speak to a competent probate attorney.
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