Legal Question in Wills and Trusts in California

Re: Executors' refusal to administer estate

of course! If they are not acting as required, then you can motion the court to have them removed as executors. Additionally, if they have caused any damage or loss to the estate for breaching their fiduciary duties, then they can be held personally liable for the loss.

You will need to contact our office, or another Probate attorney to assist you with this matter.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

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Re: Executors' refusal to administer estate

If you're entitled to a portion of the estate, you can petition the court yourself. They'd have priority as named executors, but their refusal to act in 15 years means the court would likely ignore this nomination and move to the next on the list of named executors. Nothing prevents you from filing the petition to open probate, and it will at the least get the process moving and ended.

Re: Executors' refusal to administer estate

If your mom's estate should be probated, then there are steps that you CAN take if the named executor(s) refuse to act.

I would need to see a copy of any and all estate planning documents and a brief summary of assets belonging to your mother upon her death. Whether a probate is necessary will depend upon the value of her property upon her death and whether she owned real property in the state.