Legal Question in Wills and Trusts in California
My daughters biological father passed away. There is a will with an executor named. The will states that all items pass to Shannon(daughter) and are to be placed in a trust. The executor interprets that as "he gets to liquidate the estate and put the money into the trust", does an executor do that. Or does Shannon get to sell the items? I and my wife believe he has already taken money from the deceased house and is not reporting it. He says he entered the house and found an empty safe, but he took the empty safe from the property, why would you take an empty safe?? As the executor what exactly is his role. The will gives no direction as to what he is suppossed to do with the physical property.
3 Answers from Attorneys
If the value of the estate is worth more than $100,000, not counting debts, it must be probated. The executor should file the Will with the court and the court will then appoint an administrator for the estate [anyone can ask to be appointed]. Either one of those has control over the estate assets, not your daughter. She has no powers at all; she merely gets the benefits of the estate.
If the executor did ANYTHING with the estate property without letters of administration from the probate court, Shannon should petition to have him removed and the successor executor named in the will appointed, or if there is no successor, then herself. She should then proceed to require to former executor to deliver all property of the estate and account for everything he has done since the death.
I agree with Mr. McCormick. The will is supposed to be filed with the court, and the executor is supposed to petition the court for "letters testamentary." That is a procedure that allows the court to supervise the executor, and gives the executor authority.
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