Legal Question in Wills and Trusts in California

My friends father passed away in 2005. Her older brother was executor of his estate, most of the assets were distributed but she is still waiting for the final payment, and her brother refuses to give her any time frame or keep her informed of what's going on. Does Calif probate law have any penalties for this and what can she do about it?


Asked on 2/14/12, 7:52 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

She should demand a current accounting and then petition the court for a final distribution or removal of her brother as executor. But she has to be willing to put in the time herself and not have you do it. There is no set time but the court can impose sanctions for the delay but if he is not asking for an fee for being executor that can backfire as if he has to pay anything he will ask to be paid for his work also.

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Answered on 2/14/12, 8:34 pm


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