Legal Question in Wills and Trusts in California
I am the named Executrix of my parents estate and the youngest of their eight children. My brother is the second (or alternate?). He has adamantly stated that he will petition to have me removed. He is very successful and financially secure while I am currently unemployed and struggling financially. When my dad passed away 2 years ago, there were 3 siblings that outright stole/appropriated money, heirlooms. I was not involved in any of the allegations of theft. The brother who wants to petition was burned by our oldest brother who took my dad's 1964 Corvette even though it was understood that the value of car was to be split equally. There is already some squabbling as my mom is terminal and likely won't make it to September. My question is should I just let him take on the responsibility of the duties? I am more than capable to perform all aspects of the role.
Susan B.
Palo Alto, CA
2 Answers from Attorneys
If your mother is still living, then no one is currently acting as executor (the gender specific term executrix is no longer used). Your mother's will has no effect until she is deceased. When your mother passes, since you have been named in her will, then you have priority to act. Administering a will can be a thankless job especially if you have discord amongst the beneficiaries. Will there be a probate or did your parents also do a trust?
Is there also a springing durable power of attorney which gives you the authority to act for your mother when she is incapacitated? If you decide to act as executor (or trustee if there is a revocable trust with you named as trustee), you should retain a qualified attorney to represent you and help you deal with your family.
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