Legal Question in Wills and Trusts in California
estate question my sister is excutor just the 2 of us. Sister hired a lawyer, I have not. I would like to know when it comes to dividing up estate what rights do i have to say yes i agree or no i do not agree?
3 Answers from Attorneys
Your question is a little too genreal to really answer. As executor, your sister has the power to make certain types of decisions. As executor your sister also has a fiduciary duty to you as a beneficiary to do things properly in accordance with the terms of the Will. Some Wills have provisions for personal property to be divided between heirs by some selection method. In that scenario it would be unfair for your sister to take the best or most valuable items (jewelry for example) and leave you with the less nice items to pick over. To give you proper advice an attorney would need to see the Will to understand the exact terms and also go over spcific decisions with you to see how those decisions comply with the terms of the Will and the duties of the executor.
Mr. Feldman gives you correct advice but does not directly answer your question. The answer is you have no right to say you agree or disagree. You have the right to have her abide by the terms of the will, as he said. You also have the right to take her to court if she fails to follow the will or otherwise fails to comply with her fiduciary duty to appropriately divide the estate. But you have no right to approve or disapprove of any particular decisions she makes that are not in violation of the will or her fiduciary duties.
It depends on the terms of the will, and what happens in probate court. Mr. Shers is right in that your question is too general to provide you a full answer. If there is a settlement or compromise, you have the right to disagree, so Mr. McCormick is wrong.