Legal Question in Wills and Trusts in California

Executor dodging duties

My brother was named exect. of mother's estate, me being named if he fails... It has been 16 mo.since her death- he has not given any of us named as heirs anything or info. We are to equaly divide the estate home,property,vehicles,bank accts, all tangible property... My brother has been using her $,vehicle, & now I can't reach him as he's traveling! What recourse of action should I persue?I appreciate any advise...


Asked on 2/08/07, 7:29 pm

2 Answers from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Executor dodging duties

Has he been appointed by the court? If so, you can file an "order to show cause" asking him to explain why nothing's been done or the estate hasn't been closed (the acceptable time is closing within one year from the time the case is opened). You can also file a petition for his removal (after making sure you're not running the risk of violating any no-contest clauses). Either or both of these should get things moving and should get the court to give him a deadline to get things done.

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Answered on 2/09/07, 11:13 am
Donald Field Donald L. Field, Jr., Attorney at Law

Re: Executor dodging duties

you should retain an attorney immediately to either petition for his removal as executor, or, if no probate petition has been filed, to file a petition for probate requesting that you be appointed executor.

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Answered on 2/12/07, 11:42 am


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