Legal Question in Wills and Trusts in California
Executor is acting irresponsibly, squandering estate
My husband's uncle recently passed away. He and his wife have a living trust. He named his daughter as the executor of the will and named my husband as successor executor.
The executor appears not to be acting in the best interest of the surviving wife, who has alzheimer's. Instead, she has chosen to purchase a new home, even if the current house doesn't sell. It looks to us like she will be burning through the estate and in a few months time have nothing left. The estate was to be used to take care of the surviving spouse and then the rest was to go to the executor.
Is there anything my husband can do to prevent the current executor from completely mismanaging the estate? We are not interested in getting anything from the estate, but want our relative to be taken care of properly.
2 Answers from Attorneys
Re: Executor is acting irresponsibly, squandering estate
Do you have a copy of the trust and/or the will? See exactly what it says. If she is violating the terms of the trust, you can petition the court to have her removed as trustee.
Re: Executor is acting irresponsibly, squandering estate
yes but you must act quickly or it will be all gone or untracable if i get your drift, i have been helping folks in n. ca for over 30 years and if you wish to consult with me 925-945-6000
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