Legal Question in Wills and Trusts in California
mom's last will, 1966
dears sirs, my mom died this year and her lawyer found an old will written in 1966. the court says that it is the ''last will''. mom wrote it when all of us children were minors, i was 10, and it names our close friends, lifelong friends as co-executors of moms estate, to act as our legal gaurdians in the event mom got killed in a car crash or murdered or something. turns out all us kids are in our late 40's and mom lived to be 81 and died this year. now the fellow that is suposed to represent my mother is very old about 83. and has not even spoken to my mom since the 1970's, now the court has hereby appointed him as personal representative of the above estate. and that any hier, legatee, or devisee has the right to object to the granting of the NON-INTERVENTION POWERS as personal representative. it says that he will be entitled to administer and close the decedents estate with out further court intervention or supervision. 1. exactly what are his duties and powers as co-executor? 2. can he sell and re-invest our property? 3. shouldn't we object to him sticking his big nose in our afairs? 4. whats in it for him? [email protected]
2 Answers from Attorneys
Re: mom's last will, 1966
I realize you may not like the executor choice, but the will is still valid unless your mother revoked it or made a new one.
You do have the opportunity to object to his being appointed executor, or he may consent to the choice of the beneficiaries. The objection would have to be based on his not being qualified or capable for the job. If he's already been appointed, it's too late to object, but he can be removed if he is not doing the job properly.
For his services, he's entitled to a percentage of the estate, as is the attorney he hires to help him (4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, and 1% of the next $9 million.
He can sell estate property without court supervision, but sales of real estate require him sending you a "notice of proposed action" before the sale is complete, which allows you to object to the sale.
His job is to pay any creditor claims made against the estate, secure all estate property, inventory it and have it appraised by the court-appointed appraiser, and then petition the court for distribution of the property. The entire process can be done in as short as six months, but usually takes 9-12 months.
Re: mom's last will, 1966
You should have received a written notice of a petition to administer the estate, giving you the date of a hearing. If that was not done, you may have the right to go back into court and request some changes.
You can get a copy of the will from the court, and try to determine if it is valid. Finally, you are entitled to receive notice of anything that the executor plans to do.
If there is any significance to the estate, I would suggest that you all get together, and speak with an attorney.
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