Legal Question in Wills and Trusts in California
Can an executor, under independent administration of estate, give one sibling the income from rental properties she is eventually to inherit; without the courts involvement, or notification to the other sibling. Wouldn't this be a preliminary distribution? Particularly if this sibling has care custody and control of the properties?
And what if the incomes are from two separate estates (Dad's & Grandpas') and both estates are not closed?
1 Answer from Attorneys
It would be an early distribution requiring court approval if there is any opposition, even just if one estate. You should find out on what basis the administrator justifies the action [no apparent legal basis] and if not to your advantage constantly not following the probate rules, ask them to step down or try to remove them.
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