Legal Question in Wills and Trusts in California
Anyone have a couple of starting point citations for the following?
A gentleman died testate, giving the bulk of his assets to each of his two of age children.
The executor is providing an imbalance in the distribution of debt.
The bulk of the decedents personal property was auctioned, providing a catastrophic loss; they essentially gave away 250,000 in assets for a listed net of 15,000.
The cherry picked assets keptout of the auction were sold for less than standing offers, here too each at a loss, against the very low, assigned value.
The executor has filed a false federal return; stolen estate assets (an AR-15 rifle); she had an employee, transport the weapon to Oregon - it is knowingly listed on the inventory as an AR-14.
The above decedent's father died testate in 1983, leaving him everything. The will sat
in a drawer, until our executor took possession. Eleven months into our probate proceedings
the executor filed the decedent's father's will receiving letters for this 2nd estate.
This entire 2nd estate, several homes and acreage, is bequeathed to one of the beneficiaries, per our
decedents will. The buildings, sheds and barns were rife with farm implements, equip; yet the executor filed listing no inventory, beyond real property. Who owns this property?
The executors first report & account lists debt, expense, and so on, for TWO ESTATES; and suggests
to the court there is no pending debt, neglecting mention of a huge tax due for the 2nd estate.
The debt and expenses have been combined, bundled, for both estates.
One beneficiary, passively supported by the executor, intends to challenge a property that is to be sold and proceeds split equally - odds are they'll open their volley with another declatory relief.
The decedent's will was videod. In the video he appears to give the disputed property, but this is not endorsed in the written will.
In looking for a foothold, can it possibly be legal - one estate under the umbrella of another?
There must be citations regarding fair distribution.
The executor says, debt & expense associated with a property, will be accounted to that property and to the beneficiary inheriting it.
The executor, a liar, is not to be trusted. What proactive preemptive move would compel the executor to specify, to lay it all out, before the court?
The executor has stated labor expense will be divided equally.
Upon un-bundling the executors labor account it is clear most of the labor billing belongs to one of the two beneficiaries. an apparent unfair distribution of debt.
The executor spent 14,000 estate dollars in labor, for two very old people, to deliver auction purchases!
Consideration?
1 Answer from Attorneys
You don't need citations as all of this is covered by the Code. You do need a probate specialist. I will say this, that if the court has approved all of these accounting items you are too late.