Legal Question in Wills and Trusts in California

Hostile executor

My uncle is executor of my mother's estate, and I am the sole beneficiary. He is completely disinterested in giving me information when a relevant issue arises. There is monies from another estate from a decedant who died before my mother, and that money came into the estate of my mother. The funds were put into a brokerage account, and what was put in is less than the original inventory of my mother's estate. I have asked that he, my uncle, communicate with both the brokerage and the other estate's personal representative to cooperate in resolving the discrepancy, but he refuses. Can I have this person removed as executor? Please help. This beneficiary has rights, right? Oh, by the way, he took my mom's will to the same attorney handling the other estate. Jackpot.


Asked on 11/06/07, 9:18 am

3 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: Hostile executor

You are an interested party in both probates. Get a lawyer and get active. Don't have a victim mentality. Use the courts to insist upon honest, verifiable accountings. If your uncle is doing anything improper it will come out in court and he'll have to reimburse the estate.

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Answered on 11/06/07, 12:40 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Hostile executor

You are an interested party in both probates. Get a lawyer and get active. Don't have a victim mentality. Use the courts to insist upon honest, verifiable accountings. If your uncle is doing anything improper it will come out in court and he'll have to reimburse the estate.

Read more
Answered on 11/06/07, 12:40 pm
Scott Linden Scott H. Linden, Esq.

Re: Hostile executor

If he is the executor and you are a sole beneficiary, you can demand an accounting and you can also demand he be removed as executor, depending on the terms of the trust.

Our office handles many similar matters and I believe we can assist you as well. Please call ur office at the number provided by LawGuru or through our firm's site at No-Probate.com. On the site you can also learn a little more about your rights as beneficiary.

Yours Truly,

Scott

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Answered on 11/06/07, 5:32 pm


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