Legal Question in Wills and Trusts in California

I want to find out what I need to do. My mother recently died and appointed me as the executor of the will. It has been over 40 days, so I am trying to get things in order. Her assets are all under $100K. So we did not file probate. She owns a mobile home and she still owes about 30K, but it can only sell for about $25K, so I will have to give it back to the owner. I can't afford to keep up with the Mortgage payments and the space rent. I have already paid for 2 months worth. I need to get everything out of the mobile home by the end of the month, so we had a sale for the items that she owned inside. The other persons named in the will are my brother and her friend. They both came and selected items to keep from my mom's house. Then the friend came to the sale and decided to take several items (about 60) that we priced for around $100, she left without paying and I tried to have her pay some or return the items. she claimed that she gave those items to my mom and that she should not be charged. Well now The friend is threating me that I have breached the will. She is trying to milk every penny, but I tried to tell her that there is no money. I only made about $400 with her items. My mom did not have much. She has no money in the bank, she was over drawn,

I am trying to document everything that was in her house, the items that I sold and the items I will have to donate. What can I do to protect myself and my family from The friend? Please let me know if you need any additional information and I appreciate any advice you can give. Thank you, Jessica


Asked on 8/16/09, 10:56 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Your family has no liability. The Friend can only go against you and to do so she would have to file for probate in Probate Court. I doubt she would go that far, especially since the estate would then have to pay for the attorney you hire, reducing the amount she could collect. She must not only show that you lmade a material breach [something that really matters] of the Will, but also that she has been hurt by such a breach. She has to prove what property in your mother's possession were actually her assets and not gifts to or outright owned by your mother.

Show her the Will, the list of assets with the values, the debts owed, and the amount each of the three heirs should get. Substract from her share what she took already and can not prove with her possession. With someone who favors you, sit down wlith the two other heirs and discuss the above and what they would at best get; then try to get some written agreement as to the position of all three of you. When The Friend comes back demanding more show her the agreement, if favorable to your position.

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Answered on 8/17/09, 2:18 am


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