Legal Question in Wills and Trusts in California
My husband and his two sisters were all benificiaries named in their brothers will. No one was chosen as an executor. Both sisters spent time with their brother at the nursing home during his illness, which lasted about 30 days. One sister was on unemployement and living at the brothers home. The other sister lived 2-3 hrs. away and would commute. She stayed with another family member while here. This sister removed funds from the escrow account which was set up from the sale of the brothers home, claiming loss of wages, social security which would have been paid into, as well as her travel expenses. The account was set up in all their names but only one signature was needed to withdraw the funds. My husband was not notified. What are his rights?
1 Answer from Attorneys
A review of the will and a little bit better understanding of the parties would be needed to answer this question. While not saying this is the situation, as more facts would be needed, if an individual takes money from the estate of a decedent that does not belong to them, they may be personally liable for paying it back. I would suggest you schedule a meeting with a trust and estate attorney (preferably one that handles litigation) to make sure your husband's interests are best protected. Good luck!
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