Legal Question in Wills and Trusts in California
executor responsibility
What happens if an executor of a will decides to change disbursements dictated in a will? For instance parent leaves x amount and it is to be divided equally amongst heirs. Executor thinks other deceased belongings should be counted in with total estate. Other family member claims deceased left those items to them but nothing is in writing. How much power does the executor have? Can they make adjustments to monies when it is not stated in the will? What happens if family member claiming ownership over items cannot prove it in writing? Does executor have the power to decide the worth of such items?
1 Answer from Attorneys
Re: executor responsibility
The executor is not an executor unless and until he is appointed by a court in a probate proceeding. He does not have the right to change the disbursements set out in a will that is proved to be valid. If the will is not proved to be valid, disbursement is by the laws of intestacy. Everything must be approved by the court and everyone interested in the estate can and should appear as a party in the probate and make sure their rights are protected.
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