Legal Question in Wills and Trusts in California
Executor Issues??
My Grandmother passed away a little
more than 2 months ago. She had a
written will that named two
executors. Executor #1 recently
hired her own legal representation.
By doing this the lawyer that
developed the will, has stepped down
from his position representing the
estate, leaving executor #2 with no
legal representation. Why is this
possible? What does this mean for
the executor #2? I am a beneficiary
and also the only surviving blood
relative of the deceased and I am
concerned that the 1st executor is
not working in the interest of my
deceased grandmother.
2 Answers from Attorneys
Re: Executor Issues??
A will nominates an executor. It is not binding and subject to court approval. You can apply for letters of administration yourself, to replace or eliminate one or both of the named executors, and in any case appear in the probate as an interest party and make sure the executor is performing his or her responsibilities. Anyone can be represented by a lawyer in the probate if they want. But, only one lawyer represents the estate. That lawyer may advise the executor, but not personally. A lawyer who drafts a will has no obligation to represent the estate in probate.
Re: Executor Issues??
There is rarely a good reason to have two executors. Since the fees will be divided, it may be impossible to find two attorneys willing to split fees. It causes more problems than it's worth. If the executors does something specific to damage the estate, then go in and have him or her removed.
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