Legal Question in Wills and Trusts in California
I live in Texas, my brother lives in Arizona. Our father passed away two years ago----his (California) will was probated and we can not get our money from the executor of the estate. Actually, as I see it, it is a conflict of interest as our dad invested his money with this woman, then made her the executor of his estate.
Her business is sub-prime lending.
We want and need that money that she is holding.
How do we get our money? Or what can we do to get the money due us? At this rate we are going to be dead and she will still have the money!!! I am 77 years old!!!
1 Answer from Attorneys
What reasons does she give for not distributing the money? The executor has almost no power; an administrator of the Will is appointed by the Court. If none has been appointed, you can petition the court to appoint someone besides this woman. Demand an accounting from her and proof that the money is where she claims it is. On the web you probably can see the entire probate file by going to the county in which the probate was filed. You can file a petition [filing fee $355] requesting the Court order a distribution of the assets, accounting, and the final distribution of the estate assets and closing of the probate.
If you want, you can give me the County in which the Will was filed and the court number for the file and I can look on the web as to the last few filings to see what the status appears to be. There would be no charge for that.
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