Legal Question in Wills and Trusts in California
If an executor has filed an estate inventory, knowing non-estate assets were listed, and knowing many assets were intentionally &/or knowingly not listed; and if the court accepted the inventory as filed:
1. Is it too late to file asking the executor & her counsel to correct the inventory, at their expense?
- or is it ok to sort of obey the law on this, by partially complying.
2. AND isn't there a statute explaining that providing false material evidence is not acceptable; and a judgement based on this evidence should be reconsidered.
1 Answer from Attorneys
Few attorneys want to sign off on a false statement; contact the executor and ask that she show the corrected list to the attorney and that an amended inventory be filed. Provide information that shows you are correct in what should or should not be in the inventory. Ask for her reasons if she will not do so. I do not seen how one can sort of comply. If something is not in the control of the estate executor then how can she dispose of it? If it is part of the assets but not listed, then once she disposes of it how does she avoid telling the court without getting into trouble when it is listed on the distribution?
A judgment based on fraud can sometimes be overturned, but the longer you wait the less likely you can be successful.
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