Legal Question in Wills and Trusts in California

As the executor, if the assets are greater than $100,000, is he supposed to start probate proceedings. if he fails to, anyone can file the Will and start the proceedings, which includes the court appointing the personal representative of the Will who will marshal the assets and distribute them. He has no right to keep assets from the Will, even if he is the beneficiary of those assets. You should ask the court to appoint someone else to handle the estate, citing his refusal to follow the law.

The grandchildren should start by requesting a copy of the will. As executor, your father-in-law has certain obligations to the beneficiaries, creditors and the Court with respect to the management of the estate and the payment of claims and bequests. You should also check the Court probate register in the county where his mother died (which you can do on line) to see if a probate has been opened and, if so, what has been done so far. It is not uncommon for it to take 12 to 18 months to close a probate, especially if there are a lot of assets involved. Depending on the amount of assets, there are also tax issues that may need to be addressed. If you think there is a significant amount involved, the grandchildren might be well advised to join together and get a lawyer.

Good luck.

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