Legal Question in Wills and Trusts in California
A deceitful ill mannered executrix, who has perjured many times in the probate process; chose to not repair a home I am to inherit. The floor began with a little rot and progressed to the joists, beams and posts becoming soft as sponge. We decided to repair the home. When the executor heard of our repair she told us not to do it or she would "condemn the house and throw us out." We were told to find a contractor, then get her approval for repairs - and we were to pay for it all.
Now the executor is petitioning the court for a preliminary distribution. To give me the home. She has stated that I asked for the distribution; that I have been living rent free BEFORE and since my father passed away; and the property was always in a state of distress.
I paid my father rent to the day he left us ( and she knows this). The executor told us to not pay rent after my father died. We have a rental contract. I have not requested distribution.
When I first asked the executor to look into repairing the home, she told me she knew my father & his helper had fixed any issue the home had and we were out of luck in asking for repair; I was to inherit "as is."
Because of the nature of the beast (executrix), and her ignorant counselor (suborn perjury); I am left wondering what they could be trying to do?
As probate is civil, and as I understand civil procedure means if you miss a filing deadline, or response...you lose...does this also mean the executor not listing a large portion of the physical assets of the estate, her having non estate assets listed in inventory, or her intentionally listing an automatic weapon (illegal in CA) as something else, then ordering a 5150 person to remove it to Oregon, then to own it; or perjuring herself on most of her filings...go unanswered because she's gotten this far?
Her sneaking in the request for preliminary distribution a week ahead of the annual report is puzzling. I have until Friday 25 February to ferret out the mischief at hand!
1 Answer from Attorneys
Technically she is correct as to the payment of rent-but if you are the sole beneficiary you would in essence be paying yourself anyway-as to your other many questions, I don't understand why you are questioning the preliminary distribution if you are living in the house in question and it was a specific bequest to you...as to the other issues you will need to file what is called an 850 petition seeking the uninventoried assets to be brought into the estate. You need to hire an attorney TODAY.
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