Legal Question in Wills and Trusts in California
Executor is a thief
Shortly before my mother died my sister had my mother sign a will that she had drawn up. My mother was in the hospital and was highly medicated at the time. In this ''will'' my sister named herself executor and and myself executor if she was unable to perform her duties as such. Well it has been 2 weeks since the funeral I paid for and was suppose to be paid back for out of accounts that have both my mother and I as a signature names on. Well I have just come from the bank and my sister the self appointed executor has frozen all the accounts and I am wondering how she can do that? 1. Is the will she typed up valid? 2. Is she still executor if I am the one who is doing all the paying for things? What can I do?
4 Answers from Attorneys
Re: Executor is a thief
In order to answer this question completely and correctly, the will and statements from the banks accounts must be reviewed.
If your sister has not opened a probate, you should file a petition for probate and raise the issues you have described. Although a probate may not be necessary if the estate is less than $100,000, this may be necessary to protect your interests.
Re: Executor is a thief
If the total estate is in excess of $100,000 there must be a probate to handle the estate. Furthermore, the will would need to be accepted by the court as valid. You should not be paying anything until probate has started. All of your mother's bills, including the funeral costs, are to be paid from the estate assets. Funeral expenses, by the way, have a priority over other debts.
Re: Executor is a thief
This is my favorite type of case. Such horrible crimes family members commit against each other, like your sister forcing your poor Mom to sign that will. Here's what you do. Contest the will and you will be sent to arbitration. That's where you hash this thing out.
Re: Executor is a thief
Your sister may be doing things " behind your back unquote or without of any attorney's direction. Since it's only two weeks from the time the funeral took place there hasn't been time to file a petition, set a date for hearing on a petition to probate the will of your mother. Also, you should add this point find out whether or not the will is a valid will under the circumstances. If your mother placed your sister on the name of the accounts she may have total control over those accounts under certain circumstances. I would advise you to turn off your computer and find an attorney who has experience in probate/litigation work and immediately see him or her with your tale of woe.I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.
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