Legal Question in Wills and Trusts in California
My father died 30 days ago and probate was JUST filed... I still do not have a court date. My father made me the executor of his estate in his will and left everything to me. Two years ago he married, and made his wife the beneficiary of several annuities, and made a few other provisions for her outside of the will. My father has renters and the wife has been collecting the rent and depositing the money in her account. The houses were left to me. I have two questions. 1. Can I file for an ex parte hearing to be appointed a special admin to collect the rent, and 2. Do I have any other recourse to stop her while this very very slow process works its way out?
2 Answers from Attorneys
When the will was filed for probate, you should have had letters testamentary issued to you. The executor who has proper letters testamentary collects the rent, not the surviving wife, as the rents from property subject to probate are part of the probate estate. You should consult with an attorney to help you collect these rents, unless you are not the executor, as one of your duties is to collect the property that belongs to the estate.
Filing for letters of special administration is the best option, as you don't have any legal authority to stop her until the court appoints you executor. You can later file a petition under probate code section 850 in the probate to get the rents back from her that she's already taken, if she refuses to return them to the probate estate.
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