Legal Question in Wills and Trusts in California

Executor Without Probate??

After months of two family members bickering over my parents estate we are coming to the point of distributing the funds.I am still having a problem with swallowing what my ister is trying to do.Her proposal is that she receive 2200.00 for executor fees, as she was named as such in will that to my knowledge has not been filed.There is no probate, just simple avidavits will be signed at bank.I was told if there is no probate then she is not entitled to fees.She also proposes to keep around 3500.00 for this years taxes that will be filed after the first.My parents have not owed taxes for the past few years and I can guarantee they will not owe this year.It costs 150.00 for preparation of taxes, can she keep the amount proposed of 3500.00?If not how can I tell her what she is doing is not legal.Any help ASAP as we are trying to resolve this next week would be appreciated.


Asked on 10/22/99, 1:09 pm

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Executor Without Probate?

If affidavits only are used, and no probate is opened, then there is no executor involved and hence no executor fees. If she has done much more work than you, perhaps you could agree on some compensation.

As recipients of your parents' property, you are also responsible for any debts they have, including income taxes, up to the amount of property you receive. Thus, it may be a good idea to find out what income taxes are owed, if any, before you receive the money.

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Answered on 10/25/99, 1:42 pm


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