Legal Question in Wills and Trusts in California
How can I investigate the dealings of the executor of the estate?
Several months ago the executor of my cousin's estate told myself and another beneficiary that our relative's estate was worth about $500,000 for the house and at least $1000,000 in investments. He emailed me after that in March and said he believed he had found another million dollars in annuities, and that he was looking for some share certificates within the deceased's paperwork as he had discovered that our cousin had owned some T Rowe Price securities.
This week when I asked for an update he now says that there is only about $1000,000 in investments plus the house and never mentioned the extra $1000,000. I asked about the T Rowe Price shares and he said that he had marshaled the 200 shares. These were clearly not the extra $1000,000, so what has happened to the other annuities?
Dealings with him have been strained from the start when I discovered he intended to list the house at considerably less then it had been valued at. Coincidentally a beneficiary had received a letter from a speculator offering cash for the house and the executor had been listed as a CC on this letter. I got all the beneficiaries involved and we insisted that the house be marketed for more. Now the house is under offer at $220,000 more than what he considered was a 'good price'.
He clearly wasn't pleased and now replies to any of my enquiries with one word answers where possible.
Lots of things have happened to make me question his integrity and reliability incuding his removal of the deceased's laptop (which had been left to me in the will) without telling me and the subsequent deletion of all of the files from this computer. Also, a number of empty coin presentation boxes were found strewn about amongst other stuff that had been jettisoned from the cupboards.
When I eventually see the inventory of assets, (can I insist of a copy of this from the executor's lawyer?) is there any way I can check my cousin's investments? I have a list of most of the banks he used and some account numbers - will I be entitled to check records or confirm anything with the IRS?
2 Answers from Attorneys
If you believe the executor is not fulfilling his fiduciary duties, you can file an action in the probate court to have him removed. In the course of that proceeding you can use various legal processes to investigate.
How come you're not putting a comma after the 1, if it's a million? You're putting a comma everywhere else where it is required.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
