Legal Question in Wills and Trusts in California
executors that refuse to step down
The executor of a will is supposed to give a designated property to the beneficiary of a will when that beneficiary reaches a certain age. The property is a apartment building. The executor is so far refusing to turn over control of this property to the beneficiary. Is this legal? Where can I get help? Do most retainers cost in excess of $20,000 for this kind of issue? Can I go to the bank and cut off the access of the executor to the account, if I have the will designating the property to me?
3 Answers from Attorneys
Re: executors that refuse to step down
You have lots of remedies. Contact my office for more informaion. My retainer is not anything near $20,000.
Re: executors that refuse to step down
You will need to file a petition to remove the person(most likely trustee not executor) and close the estate/trust. I don't know the full situation but a 20,000 dollar retainer seems a bit excessive. See another attorney. Going to the bank will probably not help you at this point, you really need a court order.
Re: executors that refuse to step down
No. Most retainers will not exceed $20,000. I would normally charge a retainer of $5000 in a matter such as you describe. It seems you are confused. An executor nominated by a will has no power unless and until appointed the personal representative of the estate by a court. Perhaps you mean a Trustee of a trust. In any case, you should hire a lawyer to protect your interests.
Feel free to contact us if you want.
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