Legal Question in Wills and Trusts in California

Since you state that your husband is the executor, I am assuming that his mother had a will (but not a trust) and that a Probate has been filed. If the money was part of the Probate estate, then your husband, as executor, was required (as you now know) to obtain court approval before distributing any funds. Without establishing an immediate need, estate funds are not usually distributed until the end of the Probate. The judge could deduct money from your husband's executor fees or his share of the estate, once the accounting is filed or the court becomes aware of the early distribution. Since it sounds like he distributed money to all the beneficiaries, he may be able to convince the judge to overlook his error.

If the money came from a bank account or investment account with named beneficiaries or from a life insurance policy, then those funds would not be a part of the Probate. In that case, the proceeds from those types of accounts could be distributed to your husband and his siblings (assuming that they are the beneficiaries) without any problem.