Legal Question in Wills and Trusts in California
My mother passed a couple of months ago and left both Will & Living Trust ... I am Executor of the Will & my brother isSuccessor Trustee. Originally she had my name on both but amended the Trust (only) years ago... which was fine with me.. The Will was never amended.. I am still doing what I was supposed to be doing as Executor ( I hope), but am being bullied by my brother the Succesor Trustee.. Please tell me if I am doing the right thing? I am still Executor of the Will nothing has been amended or changed on that. I'm getting papers together, filing tax returns paying debtors, paying house insurance, utilities etc. out of my pocket. My brother came in the other day saying that I was going against everything that my mother wanted and that he was the Executor. That is the last thing that I want to do. She told me when she Amended the Trust that she was doing so, so everything wouldn't be on just one person.. Please let me know If I'm doing the right thing???
3 Answers from Attorneys
There is no possible way to say if you are properly administering the estate without looking at the will and trust documents. I can tell you, however, that if you have not opened a probate and submitted the will into probate, you are not doing things right, unless there was nothing in the estate except what is in the trust, in which case you have nothing to do and should stop doing anything. Bottom line, though, is you and your bother need to have the documentation reviewed by an attorney who can tell each of you what you should be doing.
You should also stop paying any estate debts or bill out of your own pocket as you may not be reimbursed.
Mr. McCormick is dead wrong. Ordinarily, with a trust, no probate needs to be opened. Check with an attorney before you waste a lot of money. Usually, when a will is paired with a trust, the will is a "Pour Over Will," which just leaves to the trust any property that did not make its way into the trust, before the settlor passed away.
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