Legal Question in Wills and Trusts in California

civil lawsuit against executor

i have two brothers, a and b. brother a was appointed executor of my mother's estate. brother b has multiple felony convictions and is currently in prison. will established trust for b. b harassed and pestered a unrelentingly for moneys beyond those stated in will/trust. a asked b to sign agreement forfeiting remaining trust funds if convicted of another felony, in exchange for funds beyond trust conditions. b signed and got money. b convicted, forfeits remaining trust funds, split between a and me. b files civil lawsuit against a for breech of fiduciary duty, and wins. now brother a wants me to not only return money i received from original b forfeiture, but also to share his legal expenses fighting the suit (it's complicated). since a made a unilateral decision, as executor, without consulting me in any way, to create the now-ruled-illegal agreement with b, do i have any moral or legal responsibility to share his legal costs that are a result of his unilateral decision? thanks for any input. if i had extra money, i would give him what he wants, but i don't, and it will be hard enough for me to come up with my half of the original forfeiture by b.


Asked on 3/26/04, 3:16 am

1 Answer from Attorneys
Scott Schomer Schomer Law Group

Re: civil lawsuit against executor

This sounds complicated. Without knowing all of the relevant circumstances, I would believe you would not be liable for the attorneys fees. Depending on your level of participation, you may not even be obligated to return the distribution. An attorney needs to know more of your circumstances before you can get a reliable opinion. You should consult an attorney as soon as possible.

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Answered on 3/26/04, 12:36 pm


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