Legal Question in Wills and Trusts in California
Executors Duties
Father passed away 6 years ago. (mother passed 11 yrs ago). Will divides parents assets equally between 1 sister and 1 brother. Sister is named executor of Will. She has not acted in giving assets to brother. How should he proceed to obtain his 50% share?
3 Answers from Attorneys
Re: Executors Duties
if sister failed to open probate, then open probate and ask the court to appoint you as the executor of the estate.
Re: Executors Duties
He needs to visit with an attorney with experience in this area immediately. He may have already waited too long to pursue his rights.
Re: Executors Duties
It's hard to understand the question. When someone dies with a will, there assets are distributed through probate. If there has been a probate, you should have appeared in the action as an interested party. If there has not been a probate you should apply for letters of administration to act as executor of the estate. Designation of an executor in a will is a nomination, not an accomplished fact.
If you don't protect your rights no one else will. Go to it.
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