Legal Question in Wills and Trusts in California
hostile executor
We have a hostile executor handling a relatives estate. The executor will not divluge any information about the estate, such as assets and money. He received all the papers and information about the estate. he will not give out any information such has was a will or living trust. How can we find out about bonds or money that was in the estate?
2 Answers from Attorneys
Re: hostile executor
Beneficiaries and heirs are entitled to notice under California law, and in probate they can request "special notice" which gives them more information than the minimum required notice. For trusts, the notice must include an opportunity to request a copy of the trust.
If nothing has been sent to the beneficiary yet, perhaps an attorney letter should be sent to him requesting a timely administration of the estate and proper notice. If the executor still does nothing, or refuses, this could be grounds for his removal.
Re: hostile executor
You will have a hard time doing this from long distance. If there was a will, it had to be lodged with the Superior Court in the county where the decedent lived. You can get a copy from them. In order for anyone to be an executor, they must be approved by the court, and notice must be sent to anyone named in the will. A hearing is then set, and the appointment can be contested. If you determine that a Probate has been established, you can file for special notification of any actions attempted by the executor. This must be filed with the court.
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