Legal Question in Wills and Trusts in California
Executor Stealing from Estate
My mother's will states that all assets are to be divided 50/50 between me and the executor. I have discovered that the executor is stealing from the estate. The executor has access to the gated community in which my mother's home is located; I do not, despite my mother telling the executor to give me a security pass. The executor claims that jewelry, which my mother told us about a month before her death, is missing. The executor has removed other assets from the home - sometimes admitting to this after the fact, but usually not.
In an effort to bring this to light I filed a Request for Special Notice three months ago, asking for an inventory and appraisal be done, and to be given copies of the accounting of the estate. None of this documentation has been given to me. My mother's attorney had an auctioneer go through the house and give what amounts to "bids" on the major items...all prices were insultingly low.
Do I need to hire my own attorney to stop the executor from stealing and obtain the documents I have requested, or should this be handled by my late mother's attorney? I reported to my mother's attorney that the executor was stealing, but nothing has been done.
2 Answers from Attorneys
Re: Executor Stealing from Estate
You should hire your own attorney to file a motion in court to compel disclosure. You should also see the original inventory so that you can compare the proposed inventory to what you know was there at her death.
Re: Executor Stealing from Estate
You need to seriously consider hiring your own attorney to represent you in this matter. The other attorneys who are involved in this case don't work for you and therefore they do not represent your interests in this matter. Legal action needs to be taken immediately before the executor cheats you out of your inheritance. I would be happy to speak with you about this case free of charge. You are under no obligation to retain my services. You can also contact your local county bar association and ask for a referral to a local probate attorney. If you would like to speak with me you can reach my office toll free at 877-546-9918 or at my email listed below. I wish you the best of luck if I don't hear from you.
Sincerely,
John Hayes, Esq.
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