Legal Question in Wills and Trusts in California
Hello,
My brother is the executor of our late father's estate (of which I am a beneficiary). He died in Feb of 2007.
Most of the funds from the estate have been disbursed at this point except from the sale of the house. The house was finally sold in April of this year, though my brother didn't even tell me. Generally speaking my brother has been slow to handle the estate and I am still waiting for the final disbursement for the sale of the house.I have also requested more than once an accouting from him and also will & trust documents but he has either ignored my requests or refused. Is he required to send me these documents as a beneficiary of the estate?
Thank you for your help!
1 Answer from Attorneys
Without reviewing the specific documents in the case it is impossible to answer specifically which Probate Code provisions are applicable in your situation. However, generally, an executor owes broad fiduciary duties to beneficiaries. This would incude a duty to keep you informed and a duty to account.
Unless you have signed a waiver, the Estate is required to file an accounting with the Court. This may also be waived for certain small Estates. Ordinarily the Executor is also entitled to compensation and there is usually an attorney representing the Executor to assist in making the proper filings and distributions.
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